I am travelling to see my Aunt who is in Private residential care in new york state - My aunt never married so my sisters and I are her only next of kin. My aunts 2nd cousins - have advised us that one of them hold health proxy and the other holds power of attorney but my aunts solicitor says there's nothing in writing in his office to say that. .cousins also gave up my aunts apartment where she lived for 80yearss - she is 92 now . My aunt is not aware that her home is gone. Our problem is that aunts cousins will not give us any information or the home she is in will not give us information . My aunt is upset and i have spoken many times on telephone to her. Have we as her only nieces the right to have information on her progress and her health. her health proxy has said she is mentally incapable. what rights have we to help our Aunt and can we question the authenticaty of poa
I think your best bet is to work for that lawyer.
Not all states require that a POA document be filed publicly, and the documents may be valid even if her attorney does not have copies of them. If the home she is in will not give you any information, that may be an indication that they have seen the POA documents, although that is not a certainty.
If this were just about "next of kin" I THINK that neice is a closer relative than 2nd cousin. But the issue here is that Aunt is alleged to have given power of attorney to these cousins. She is free to do that to anyone, even a non-relative, IF she was competent to make such arrangements at the time she did it.
That your aunt is upset might indicate that something shady is going on. Or it may simply be part and parcel of her dementia or whatever incapacitating impairment she has.
That her POA stopped paying her rent and gave up her apartment would not be unusual under the circumstances. And it is also not unusual to keep this information from the patient, thinking that would be in her best interests.
So there is nothing in what you've written that makes me immediately jump to the conclusion that there is exploitation going on here. But I certainly would want to know more if I were you.
I really think you should make a appointment to talk to her lawyer before you come, and/or be prepared to hire your own lawyer.