Kcmacoy10 Asked November 2012

Can you fight a power of attorney for an elderly parent?

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My Mom has taken care of my grandma for awhile. My Aunt wanted mammaw to come stay with her a couple of weeks. While she was with her my aunt obtained a power of attorney and now is putting my mammaw in a nursing home. My mom wants to take care of mammaw, but my aunt told her she no say in it bc she is power of attorney. Is there anything we can do. We cant stand the thought of her in a nursing home when she has a daughter that willing to take care of her. Thank you for any help.

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ImaReformer Nov 2012
To Always Busy:
Florida is a particularly bad place for the elderly.
And guardianship, while supposedly a good thing, has become an evil creeping aceoss the country.
Unethical Guardians appointed to protect the individual and conserve their assets and proeprty, will milk the estate for their own benefit. See
StopGuardianAbuse.org
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danopam2008 Nov 2012
If your mother can get her to live with her by getting the POA changed, does she have any home health assistance available to her for your grandmother's care. I take care of my father and there are times that home health comes in and monitors his condition with a nurse, respiratory care, physical therapy, occupational therapy, nursing aides if he needs them, so you mother will not be too overwhelmed as it can be very stressful. Wanting to care for a loved one and actually doing it changes your life. We do not get to go out much but we love my father so it is not an issue for us. There are a lot of appointments that take time, medications that need to be correct everytime (I count every box to make sure there is the right amount and not one pill is missed). But, if she understands all the stress involved and time involved, it can be a very rewarding experience and worth the fight to get her mother with her. I always make sure dad's wishes are fulfilled. Sometimes he may have to wait until it can be done, but there is respect within our family so it works. Sometimes we have to wait for something since his needs have to come first. Please be sure your mother understands all that goes with taking care of an elderly loved one and has the means to fulfill it as well as the patience that it takes to do the job. Assistance available if she needs help, what type of insurance your grandmother has, how much out of pocket expenses your mother is willing to sustain (clothes, medications and or copays, personal items), as well. There is really a whole list of things to be considered when caring for someone and it must be addressed so the arrangements work for both your mothers family and your grandmother. That everything is clear in what is expected of her and she fully understands what your grandmothers wishes are including her death when the time comes and burial. Respect and love must be the first reasons someone cares from another as it is more than a job, it is the dignity of another person that is at stake.
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judyjudy Nov 2012
You do not need an attorney. If she is demented, then the relative's POA is not valid. If she is still mentally capable, then she can revoke it simply by making out a new one. When she does, have it notarized and file it with your County. Take a copy to her doctor, the relative with the current one, her bank, and anyone else involved, including the nursing home. Call Adult Protective Services and get them involved. Legal aid can also provide free help. Notify police if the relative refuses to cooperate after you get the new POA.
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Deblove Nov 2012
If she is lucid, she can revoke that POA. If not that's a different story. But, I think if she was not at the time you have a case. So sorry you are going through this.
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momhouseme Nov 2012
please let us know how this turns out for grandma...my thoughts are with her. i am sure she would rather live with your mother than in a nursing home. try to record what grandma says...my cheap little cell phone has audio and video capabilities that can be sent to my desk top or to my email.
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momhouseme Nov 2012
if you LO was not competent at the time of the poa being drawn then the attorney erred big time first. do you have a diagnoses, dated and in writing? 2nd if grandma wasn't competent see the first sentance...if she was competent then she had to ok the poa...was she pursueded/coherced? if so maybe grandma is not so competent.
what an ugly mess and sneaky aunt. i am shcoked at what people are capable of doing, my sister included. i read so many of these kinds of stories.
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Taurus Nov 2012
II think you have two ways to coup with bluffing action made by your aunt: 1. Ask your grand mo if she want to cancel the power of attoney if she still has mental capacity ,if she agrees, the power of attorney can be cancelled by the agency or the attorney who prepared it. the other way is to file petition in the nearest court by signed byyour mother to repeal the power of attorney provididng that your mother can prove her mother's is incapacitated mentaly when she signed the power of attorney.
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jeannegibbs Nov 2012
Whether it is a spring POA, a durable POA, or a standard POA, Gramma can easily change it if she is in her right mind. If she is not in her right mind now (meaning competent in the legal sense) then presumably she was not when she assigned it to your Aunt. The main questions here are is Gramma legally competent and what does she want.
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DanRobbins Nov 2012
You need to determine of it is a DURABLE power of attorney or a standard power of attorney. If it's Durable, fighting it would be an extremely difficult thing to do. However, POAs are only as strong as the person giving POA is NOT. What I mean is that a POA can't make a person do something (ie go into a home). They can wreak financial havok, tho, so it's good that you're aware of the POA.

The first thing you should try to do is get a copy of the POA to determine the type of POA and the legality of it (was it correctly executed, notarized, etc.).

Good Luck.
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Deblove Nov 2012
Does Mammaw not want to go? They are not that horrible. Yes, there are stories out there, but the homes here are wonderful. Sometimes you can't give your parent what they need at home. Suppose it's not safe to be without a professional taking care of her. You have to take it from all angles..........not just how you see it. Take care and I hope you make the right decision for Mammaw! Hugs!
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