Follow
Share

does this make the new POA legal and therefore allowed exclude that person from all info and care, and to change the locks and refuse to allow sib. into mons house?
to tell all employees in mom s building not to allow me to get a key or entrance? een if this house was where we grew up in and where i had been caring for my mom for over 10 years?
mom did not know that i was no longer on her POA, she wants me to be included-however, that doesnt seem to matter-
what am i legally allowed to do about this?
can this be done? without my knowledge?and prevent me from going into the house-even though i have clothes, and other things in the house-my mom has had that apt for over 50 years-
thank you for any answer or help or advise u can give --
karen

This question has been closed for answers. Ask a New Question.

15 Answers

Most
Helpful Newest
First Oldest
First
No. You cannot be removed from the POA without notification. If your mom is unaware it happened, the change is not valid.

Contact your local Adult Protective Services office through Social Services immediately.
Helpful Answer (2)
Report
I am not an attorney-As far as I know anyone at anytime can change their POA as log as they are deemed competent and no notification is necessary. Best advice...contact a certified elder attorney immediately who will guide you to how to proceed.
Good luck.
Helpful Answer (1)
Report
Current POAs MUST be notified when they are removed, as I said, even if your mom changed it herself, but now claims she is unaware of the change, a Judge would most likely void the new one.

I suggest you continue to act as the responsible party until otherwise ordered, you do have a legal responsbility to do so under the POA.
Helpful Answer (1)
Report
Most states don't require "activation" of a POA and your mother (or a judge if she were to have been declared incapacitated) is the only one who could have removed you. The lawyer would have been required to send letters to all parties involved. (Being declared incapacitated is a lengthy, expensive, involved process and having been a POA, you certainly would have been involved.)

You have rights too.

Best wishes,

Shelley
Helpful Answer (1)
Report
Does this depend on the state you live in does anyone know? My Mom changed her POA to me and my sister was never notified it was changed , my Mom told her in person only. I find this very interesting and now wonder...
Helpful Answer (0)
Report
TED:

Way to go homey! Still, rules do vary from state to state.

The way I see it, removing someone when their backs are turned is kind of underhanded and grimy, isn't it? In my experience, this is usually done when the other self-serving, backstabbing, sucker-punching, and often cowardly individual dreads the thought of having to face you.

Well, let me get off this forum for now. I'm having an "episode."

-- ED
Helpful Answer (0)
Report
An episode sounds like what my special ed students have when they have a meltdown in school. Please, take a deep breath and have patience before typing such anger. If you are implying my Mom was a backstabber, you are wrong. Many elderly people change their POA as they age and see who really is there for them. If alzheimers was a key in this decision, her disease may have started before anyone realized. The way I see it, my parent can do whatever she wants to do, its her decision, and hers only, and if someone gets upset over it, they are probably worried about losing control and money. No one owes us an explanation or an inheritence.
Helpful Answer (0)
Report
Hey Ed, good to see ya.

I really don't see how it this particular point could vary from state to state.

A POA is a legally binding position, to take someone off of one and not notify them would lead that person to unknowingly commit crimes by performing actions that they legitimately believed they had a legal obligation to, but actually do not have a right to do.
Helpful Answer (0)
Report
Luv, Ed was talking about the person who is now the POA not the elderly parent.
I didn't know that someone had to be notified when their POA changed. Maybe it varies from state to state? I'm not sure.
If she wants you as her POA then how has this been changed without her knowledge? Was she deemed incompetent? It sounds like this can be straightened out, but that you better do it quick.
Helpful Answer (0)
Report
Anyone can change their POA. However, they must notify the old "agent" by certified letter, as well as all financial institutiions, nursing homes, etc. If the former agent (you) was not notified you are still able to act as the primary agent until you receive notification. Also, you Mom must be competent. And a financial POA doesn't allow someone to "change the locks" and keep you away. This is just bullying. Go to an elder attorney to get this all straightened out before your Mom's assets are gone. Good luck
Helpful Answer (0)
Report
See All Answers
This question has been closed for answers. Ask a New Question.

Recent Questions


Popular Questions


Related Questions

Ask a Question
Subscribe to
Our Newsletter