In certain circumstances, a sibling might try to keep you from seeing an elderly parent. Such actions may result from a concern for the stress the conflict is causing the elderly parent. Therefore, it’s crucial to be aware of your rights and take action to make sure you can visit your parent and assist in their care. Here is something about a sibling prevents you from seeing an elderly parent you should know.
How Does It Happen
In such cases, some people learn after a parent passes away that a new will was drafted at the time a sibling was excluded. The person residing with the elderly parent will receive everything under the new will.
That sibling may persuade the parent to withhold the information about the will change from the other children.
The parent might be told that the other kids don’t call, don’t come over, and maybe even don’t love them, while omitting the fact that the other kids are being denied access. Although it may seem improbable at first, this does happen frequently.
As parents age and become more fragile, family dynamics frequently remain unchanged. That could lead to intense rivalries, and adult children who have relied on their parents for years might become even more dependent on them.
Can A Sibling Prevent Access To A Parent
Is there a legal basis that one sibling could use to prevent the other from seeing their aging parent?
The solution might surprise you. Although it’s undoubtedly not the ideal scenario, there are sadly many instances where siblings are pitted against one another when it comes to choosing who will take care of their elderly parents.
It’s a challenging and frequently emotional situation, but it’s critical to comprehend the legal ramifications so that you can decide what’s best for your family.
The type of power of attorney that a sibling has determined the outcome.
A power of attorney is a legal document that enables you to act as your parent’s agent when they are no longer able. It also includes the freedom to choose, among other things, how to spend money and receive medical care.
It is very unlikely that anyone would be able to legally restrict visitations if there was no power of attorney. All siblings should have an equal right to visit and spend time with their parents, even if there are disagreements regarding caregiving arrangements.
Can A Sibling With Power Of Attorney Prevent Other Siblings From Seeing A Parent
The ‘principle’ of the power of attorney, also known as the agent or attorney-in-fact, may appoint any dependable third party as his agent or attorney-in-fact, including a family member, friend, business partner, financial institution, or any other person.
Executing the power of attorney may be done in order to manage financial transactions, legal issues, or medical decisions.
If a sibling claims to have a power of attorney allowing him to restrict access to a parent, he should let the other siblings see the document.
Powers
Access restrictions to a parent are not permitted by a typical power of attorney. In general, it gives the agent permission to conduct financial transactions, file tax returns, manage government benefits, and settle legal disputes in addition to buying and selling property.
A limited power of attorney specifies the precise transactions and decisions that the agent may make.
For instance, a senior parent may grant a child limited authority, such as the ability to pay bills from a specific checking account, or may authorize the child to handle all legal and financial matters on his or her behalf.
Capacity
At the time of signing, the principal must be of legal age to do so. Consider whether your parent understood what he was signing if the document gives the agent unusual powers, such as restricting access to the parent for siblings or others.
The power of attorney is probably invalid, and your parent may require a guardian to represent his interests if you have reason to believe that he is incapable of managing his affairs or comprehending what he was signing.
Duration
If your parent is now incapacitated, your sibling may no longer have the authority to act on their behalf depending on how the power of attorney was written, or that authority may have been revoked.
Typically, a power of attorney is revocable at any time by the principal and automatically expires upon death or legal incapacitation of the principal.
On the other hand, a durable power of attorney is still in force even after the person loses capacity. A springing power of attorney, a third type, only takes effect when the principal becomes incapable.
What To Do If A Sibling Keeps You Away From Your Elderly Parent
There are a few things you can do if your sibling is keeping you from seeing your parents.
- See if your sibling will work on the relationship by trying to talk to them. You might need to consult with legal counsel or other family members if they are not.
- Reach out for assistance if there is a family friend who can step in and offer assistance.
- To see if they’d be willing to mediate a conversation between you and your sibling, you might try explaining the situation to your parents.
- Keep in constant contact with your parents. Tell them you want to see them and that you love them.
- You can always speak with a therapist or counselor who can assist you in navigating this challenging situation if nothing else seems to be working.
- If necessary, be prepared to file a lawsuit. If your parents are unable to care for themselves, this may entail asking for custody of them or requesting a restraining order.
Sibling rivalry for their parent’s love and attention is common because family relationships are complicated. It can be challenging to know how to react if you believe that your sibling is deliberately attempting to distance you from your parents.
You should make an effort to spend time with your parents when your sibling is away. You should make an effort to keep up a good rapport with them.
