Can police take mom by force because of a power of attorney?

Follow
Share

Son was okay with mom living with daughter up until the point daughter asked for mom's social security check to help pay for mom's expenses. Son was NOT okay with this and sent the police to take mom back. They said he has power of attorney over her so there was nothing they could do. Mom has dimentia but was in her right mind at the time and clearly said she was happy and did NOT want to leave her daughter. She was crying and did not want to go back with her son. He is going to put her in a home because he can no longer care for her but I think this is clearly a case of him wanting to keep her under his control just for HER money. Can the police just come in and kidnap someone because someone else has power of attorney? The police are NOT judges and I think they intimidated the daughter into letting them in the house to round up mom.

This question has been closed for answers. Ask a New Question.
6

Answers

Show:
lester69, probably not. Power of attorney does not extend to control over the person.

Where is "home"? Do the doctors think she is OK to live on her own? Actually, if Gramma is in her right mind and if she recovers well from whatever she is in rehab for, would she even qualify to stay in a nursing home?
Helpful Answer (0)
Report

My uncle has power of attourney over my grandma and grandpa.My grandpa has altheimeras and is in the nursing home. My grandma is only in the nursing home for rehabilition and she wants to come home,but he is trying to make her stay there. can he do that if she is still in her right mind?
Helpful Answer (0)
Report

I Would get an elder attorney and make him provide the POA he says he has. They can be written differently. If he cant provide it go for guardianship and move her back in with you if you want her there. It may be worth the cost of the attorney to protect your elder.
I would also call the board of health on the nursing home for a surprise visit
Helpful Answer (0)
Report

logic is not a strength. we don't even know if he really does have power of attorney. This is what he is saying to the police. This is my in-law's situation. He already put her in a nursing home because he could no longer care for her. My mother-in-law went to visit her mother and found her nursing home abusive. They had her tied to her wheelchair and unbathed for days. She took her mother home with HIS permission. He lives with his two adult sons. Logic would tell you "hey, if her daughter wants to take her in, instead of admitting her to a home, why not?" It's my mother in law, and three sister in laws that would care for her. They obviously cannot financially care for all her needs so need her social security. I think he's thinking all they want her for is for her money. Their Mom never sees a dime of this money. We already know he uses her check for credit card bills and other home improvement projects he's still paying on. He told us. He's not forthcoming whatsoever with any of the decisions of her care. But anyway, my mother-in-law's mother is being taken against her will and I just don't feel this is legal. She not only gets social security. she gets a pension check as well.
Helpful Answer (0)
Report

Are you sure that he only has power of attorney and not guardianship? Sorry this has happened.
Helpful Answer (1)
Report

Power of Attorney is about acting on someone's behalf in financial matters. It doesn't give you control over their person. What you describe is very confusing. And once Mom is in a nursing home, her SS check goes to them, so I don't know how that will benefit Son financially.

But then, logic isn't always a strength in dysfunctional families.
Helpful Answer (1)
Report

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