What can we do? My sister is the POA to my dad who is dying. She stole his money, there’s a lot of elderly abuse going on. My mother can’t even see him, he only has so much longer to live. We were supposed to go to court for guardianship today January 13, 2022. She had a continuance so she can keep us from seeing him because we don’t have much time. She has been on drugs and it looks like we have no choice but to wait another month to see my father if he lasts that long. I feel like the laws in Nc are so screwed up that they won’t even allow his family to see him even though it’s his dying wish. Is there anything I can do? Or it was either us fighting for guardianship or the state said they were going to take him away from my sister. Because she’s that bad. But for now she decided she was going to Go for a continuation in the courts so it would waste some time for us to see him. We might not have a month left. What else can we do? Please we’re doing everything we can to fight to see my father and for him to see his wife.
if you see her on drugs can you call the police to have her be tested?
don't wait for the courts, the police or elder abuse hotline will act on evidence.
It sounds like you have several emotional issues and concerns wrapped up together here but seems that being able to spend time with him is the most important if indeed he has such a short time left. How do you know he is so close to passing? Have you been able to speak with him? Is this how you know his “dying wish” is to see all of you, how is keeping you away being explained and by whom? If your sister doesn’t hold a DPOA that has been in acted (based on its parameters) and it is his wish to see his wife ehother family she can’t prevent it. That said I wouldn’t start throwing other accusations or things into the mix by challenging your sister with how she is handeling anything, spending his money or her past behavior. Leave that for after he passes if it has to be said for your imediate purpose of seeing him before he passes keep things as civil and non confrontational as possible while letting her know you know yours and your moms rights and will assert them if need be, if you start throwing other stuff out there and getting down in the dirt with her she may be more apt to feel threatened and dig in like she’s doing now with the guardianship. On that note if he is about to pass any day and there aren’t any major medical decisions to be made going through all of that expense and turmoil may not make sense. Guardianship ends when the person dies I believe. Again probably all stuff you have already discussed with attorney. Good luck I can only imagine what an awful time this is for all of you!
Disclaimer: I tested that phone number to make sure it was correct.
Your own attorney could have challenged any continuance, requested injunctive relief, and could have raised the issue of suspected fraud and crimes against an elder.
You need to get an attorney with experience in contested estate planning issues, the broader category of the situation you're facing. Don't get just an elder attorney, get one with litigation experience.
The attorney might recommend (and I would strongly agree) that the immediate course of action is to request injunctive relief, through a TRO (Temporary Restraining Order). This would prevent your sister from any further action or expenditures, if the attorney includes that relief in his Motion.
This would also likely trigger court involvement and supervision, but it seems from your description that this is what's needed to restrain your sister, initiate a (forensic?) accounting, and protect your father's needs
Good luck, and don't waste any time; this needs to happen quickly.
Your sister is bluffing you. D owatever you need to do to get this taken care of even if she never speaks to you again.
Also, she will have to PROVE that SHE has spent the money correctly. Otherwise, she will not only lose POA but be liable under the law.
It doesn’t matter if she has POA or not….she’s not acting in his best wishes. Best of luck to you!
Most often it’s the “golden child” doing the abuse and the elder thinks they’ll get them in trouble if they speak our.