I was mother's Power of Attorney for 6 years. I let her stay with my weed-smoking niece for a month, and now she has POA. Can I get it back?

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Take her back to the lawyer and have new POA signed, then make sure her bank... has the newest copy.
Top Answer
OK, I have some strong opinions on this, so please bear with me. We went through the whole POA/Guardianship thing with my MIL this past summer due to her daughter having POA and absuing that power. This is what I have learned through the whole process.

The whole POA thing is a farce. Your mom can sign a different POA form naming someone different every day. Yes, you can have the POA put back to you. The next day your mom can turn around and give it back to pot smoking niece, and this can go back and forth. The way to put an end to this is to try to get guardianship of your mom.

In order to get guardianship, you need to go to court. You need to prove your mom is incompetant to make any legal or medical decisions for herself. The court will appoint a guardian ad litem to represent your mom's interests. This GAL will talk to all family members involved. This would give pot smoking niece the opportunity to tell them how much of a piece of crap you are, as you can do the same to her. So if the GAL decides neither one of you are fit for the responsibility, your mom becomes a ward of the state after you just spent about $5,000 in legal fees and court costs. Now say you ARE appointed guardianship as I found, apparently no one has to honor those papers. Say your niece and your mom have a joint bank account which your mom's social security is being direct deposited into, and you open a new account in your mom's name and try to have her SS switched to be deposited into that account.... SS will not honor it without your mom calling herself to have it switched. My MIL did not have the mental faculties to do this. SS is the federal government, guardianship is the state so the federal doesn't honor those court documents. Even the bank won't honor it unless everything is spelled out specifically and their attorney's review it and agree to it. Yet, all these institutions readily accept POA documents without question (and please refer back to the first paragraph). I guess orders signed by a judge are meaningless.

So essentially, if your mom still has some mental faculties and wants your niece as her POA.... let them have each other. To change it otherwise simply because you are her daughter.... that is a long, stressful, expensive road that you do not even want to deal with. Unless you can prove with bank statements and other documentation.... financial abuse or medical neglect it is not worth it. I will never do that again.
Just how with it mentally is your mother?

I found a middle way between just pure durable and medical POA and guardianship which my lawyer says will work to protect my mother. I have two notarized statements by my mother's doctors saying that she is not able to conduct her business in a business like manner. So, if she were to do something like your mother did or sign a promissory note, if she could at that, then I have the paper work to show whatever she did was invalid.
Try Adult Protective Services, have them look into it...make sure it is not a scam situation...
Report your "weed-smoking niece" to the police narcotics vice squad anonymously.
If guns are outlawed--only outlaws will have guns.
Likewise if a law-abiding person tries to get the legal system to work on a problem like yours, the person with the most experience thwarting the legal system (your weed-smoking niece) will be the one who best knows how to work the system in their favor.
I had POA for my father and his bank had the document as well as knowing me personally but still, when he walked in one day in a fit and changed the beneficiaries on several CD's it did not occur to them to give me a call or at least alert me that my father might be slipping. After his death, when they disclosed this major change to me, I asked why they did not at least give me a courtesy call. Their answer: "The Patroit Act prohibits us from disclosing any transaction made by a person deemed to be competent" Terrorists take note: all you have to do is con some elderly person out of their savings and the Patroit Act will protect you from apprehension.
My point here is try to resolve this issue with your mom within your family circle. And Crowemagnum's suggestion might be the best way to smoke the rat out of its hiding place...
Reporting her probably won't do any good.My whole family has their medical Marijuana license what a joke!!! and they all live with my 74 yr old mom.
isn't that only in Calif.?
Jackie---How in the world after 6 years-and then 1 month did the POA change? You may have to take this up with an elder care attorney....Was your Mom in sound mind-at the time of the POA change-if not, I doubt if it will stand. Who has the POA at this point, and is it for legal issues, or health? Is there a department of elderly affairs nearby-and if so-present this matter to them for guidance.
Best,
Hap



Best,
Hap
Well, I'm having a Dr. Phil moment: "are you kidding me?"
First of all, if you knowingly sent your mom to spend a MONTH
with your weed smoking neice - then, quite honestly, you don't deserve to have POA back because you don't have the best interest of your mother in mind...you made your bed.

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