Can a Sibling With Power of Attorney Prevent Other Siblings From Seeing a Parent?

By Marcy Brinkley

A power of attorney is a legal document that authorizes an individual or a business to perform specific tasks on behalf of another. The person executing the power of attorney, called the “principal,” may choose a relative, friend, business associate, financial institution or any other trusted third party as his agent or attorney-in-fact. The purpose of executing the power of attorney may involve handling financial transactions, legal matters or health care decisions. If a sibling claims to have a power of attorney authorizing him to limit access to a parent, he should permit the other siblings to review the document.

Powers

A standard power of attorney does not authorize the agent to restrict access to a parent. Generally, it authorizes the agent to buy and sell property, handle bank transactions, file tax returns, manage government benefits and settle legal claims. A limited power of attorney spells out which specific transactions or decisions the agent may make. For example, an elderly parent may authorize an adult child to perform all legal and financial tasks on his behalf or may give him limited powers such as paying bills from a particular checking account.

Capacity

The principal must be legally competent to execute the document at the time of signing. If the document grants unusual powers to the agent such as limiting access to the parent by siblings or others, consider whether your parent understood what he was signing. If you suspect that he is physically or mentally unable to handle his affairs or to understand what he was signing, the power of attorney is probably invalid and your parent may need a guardian to look out for his interests.

Ready to appoint a power of attorney? Get Started Now

Duration

Depending on the manner in which the power of attorney was drafted, your sibling may not yet have the authority to take action on your parent's behalf, or that authority might have been terminated if your parent is now incapacitated. Typically, a power of attorney may be revoked at any time the principal wishes, and it automatically terminates when the principal becomes legally incapacitated or dies. A durable power of attorney, on the other hand, remains in effect after the person becomes incapacitated. A third type, known as a springing power of attorney, goes into effect when the person becomes incapacitated but not before.

Elder Abuse

Psychological or emotional abuse of a parent in which he is isolated from contact with friends and family is a form of elder abuse. If you suspect that a parent is the victim of elder abuse, contact your county adult protective services agency or call 911 to report your concerns. An investigator will assess the situation, and if warranted, steps will be taken to protect your parent from further abuse. Do not confront the sibling directly unless you are concerned about immediate harm and you are able to remove your parent to a safer environment.

Ready to appoint a power of attorney? Get Started Now
How to Get Power of Attorney Over a Parent
 

References

Related articles

Durable Power of Attorney for Kentucky

A durable power of attorney is a power of attorney that becomes or remains valid when the principal goes unconscious, becomes mentally incompetent or loses the ability to communicate. It is normally used when the principal is a seriously ill patient, to allow the agent to make medical or financial decisions on behalf of the principal.

Medical Power of Attorney for Kids

A medical power of attorney is normally used to authorize one person, known as the attorney-in-fact or agent, to make medical decisions on behalf of a person who is ill or injured. Since a minor cannot execute a power of attorney, however, an adult must execute it on behalf of the minor.

What Protects Families From Power of Attorney Abuse?

A power of attorney is a legal status that grants an individual powers to make financial or health decisions on behalf of another person. The person granting the power of attorney is the principal and the individual receiving the powers is the agent. Agents are required to act in the best interests of the principal; however, it is not uncommon for agents to take advantage of the situation by stealing money or unlawfully selling property. It may be possible to safeguard against this situation by using specific language in the power of attorney document or by appointing more than one power of attorney. If the damage has already been done, there are civil and criminal sanctions available.

Power of Attorney

Related articles

The Power of Attorney for Parental Rights

Parents must often balance their work life and other responsibilities with the needs of their children. If a situation ...

Can a Sibling Get Power of Attorney Changed Without the Brother Being Told?

If your sibling has a power of attorney, also known as a POA, authorizing him to act on behalf of your parent, he can ...

Power of Attorney for Minor Children

A power of attorney for a minor child allows a parent to designate another adult to make decisions for his child ...

Power of Attorney for Consent to Medical Care of a Minor

Adults can consent to their own medical care, generally without the need for anyone else's input. But ...

Browse by category
Ready to Begin? GET STARTED