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srmommy, I think that the answers given to the original question apply here, too. The primary question is whether your brother was competent to make such a decision at the time he made it.
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I have two things to protect my mother from making unwise decisions about her durable and medical POA. I have the originals and the nursing home has copies of two notarized letters from her doctors stating that she is not competent to handle her own business in a business like manner and the medical reasons why. One is her neurologist and the other is the doctor connected with the nursing home. My lawyer said these two documents protected my mother as much as guardianship would without all of the paperwork.
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early76,

I have been in this same position a few times! my mother started to get all kinds of paranoid! she just wasnt functioning with a full deck, supposedly the very good friend who was supposed to be mom;s very best friend who I had never met ever! well come to find out this guy was twice the age of mom, (younger) and didnt have the right intentions at all at heart.........and at that point I really didnt want to have to deal with all the paperwork, and full time job, and running all around anyymore on a full time basis, I thought it at first a great thing, that someone would be willing to help me out, this person had all the worst intentions at heart, so I had to to get a civil suit going, and itemize all the money she had been stripped of, usually if its not a family member or really close member of the family who has been around for almost as long as you can remember, do NOT reccomend them as even being acceptable or allowed to be moms POA with out some decent research first, in the middle of a fight or not because those always pass, and unfortunately while you are arguing you can never change who your parents happen to be............... they will always be designinated parents to you for the rest of your life, it wont change............so learn to live with it!~~~~ I know sometimes Its enough to want to pull out your ownhair and not easy,and alot of the time just want to throw in the towel, but it always backfires back onto me, so I kinda have to just accept whats going on at that particular time period, and eventually she really will be incompetant as to whats going on in the world! Most of us just want the best for our parents and unfortunately that means fully being resposible for her financial goings and comings................Hard Hard Job, but possible for those who have patience and compassion and really do want to help thier parents!
Hope this helped you, even just a smigen! Just be careful of everyones potentional intentions, even the ones who u may never expect,could be the one you might never expect..................... good luck
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Is she in her right mind? If so and you have gone before a judge? Nothing you can do....if she is not in her right mind and yes there are tests that can be done to find out, then the other person can not have it. Take this before Family court. tell them you are trying to do the best for your mom. she has been tested and that she is not compentent to give away her poa.....they will then court order it so and it can not be removed with out being contested again....Hope that helps...Sharon
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Is your mother mentally incompetent? To whom did she give the POA? Can you give us some more information? Does she live with you?
My mother wanted my son to be primary POA,asked me to be the alternate in case my son could not/would not act if needed. My son and I told her she was spending too much money ( like a drunken sailor), and she got mad at us and revoked our POAs. She has never been declared incompetent, and I don't think she is, she's just mean and hateful. My lawyer said she was within her legal rights to revoke our POA. If she had dementia or Alz, we would have fought it, but my lawyer said it would be hard for us to fight her under the circumstances. We decided to honor her wishes, step aside and not provoke her. I always knew she didn't like me but I didn't expect this and to treat her grandson like that was what upset me the most. I had a lifetime of her drama but she didn't have to take it out on my son. My life with her was like a little red wagon, the wheels kept falling off, one by one. She doesn't want to repair it and to be truthful, after this, I don't think it could ever be repaired. But this is my experience, Ealy, and I honestly hope you can get to the bottom of this problem and get it repaired. Good luck!
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I'm not sure how she could have done this at ALL. If a judge deemed her incompetent and rewarded you POA, I can't see another judge going against that order. You oughta check with your original POA lawyer and see just what is going on.
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don't dawdle darling! get it back and Crowe is on to something.... find the lawyer, get the facts and if necessary report him/her to the bar assn.
is she by herself?

lovbob
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Has she ever been evaluated for how mentally competent she is?

Who has she given the POA to? Which, Durable, Medical or both?

I think you could file for guardianship to protect her from being taken advantage of.

Do you know this lawyer who did this?
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