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My sister in law is Power of Attorney for her mother. Her mother now wished she had made my husband (her son) the POA, but she has now been diagnosed with dementia. My sister in law lives out of state and wants to go back home leaving us with the care of her mother. It will be hard to handle things with her still as POA. Are there any legal actions that we can take to get the POA.

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Leta, this bit: "Mother not understanding what she was signing my sister had me taken off the durable POA..." that's where the reader screeches to a halt.

Your removal from the DPOA seems to have been out of order, and everything your sister did thereafter using a new instrument was therefore done under false pretences.

Now "all" you have to do is prove it. Do you have access to reliable, cautious legal advice?
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My Mother executed a Durable POA with my sister and I listed equally and a will that read share and share a like. My sister had my Mother admitted to a nursing home with her having dementia the starting of Alzheimer's. without my Mother not understanding what she was signing my sister had me taken off the durable POA. This to me was Elder abuse, No one would let me see a copy. When my Mother died her and her grown children had the lock changed on my Mothers house and went in and took what they wanted. I feel like everything she done would have broke my Mothers heart. She wanted everything equal between her 2 daughters.
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I became both my father's and his wife's financial poa after she had some medical problems a year ago and was in different living facilities for 3 months before moving back home with dad. He wasn't able to understand that her bills needed to be paid too even though she was not there. I soon found out they had massive credit card debt and they had to file bankruptcy. Soon after the bankruptcy dad became mentally unstable and had to go to a nursing home. His wife was told by doctors she was not safe to be alone due to her mental unstability and so she followed him into the nursing home. The last 2 months I have been helping them both get qualified for the medicade for long term care. Dad is a very easy going laid back kind of guy where she is very verbally abusive and just downright mean most of the time. Is there any way I can give my poa over to her daughter? Or can I just revoke my own poa? I am tired of taking her abuse and now that they both have seperate accounts and bills I don't feel like I need to help her anymore. They have both been diagnosed with dementia - that is why they can no longer live on their own. On a side note, I am my father's health poa as well while she does not have one.
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Im caring for my grandmother who has dementia. She has but me and my cousin as joint poa and she revoked it from her daughter due to not allowing her to have any money. She is still medical poa and she would like her removed cause my aunt is verbally abusive and physically but the drs will not allow us to change it cause they say she is incompetent due to the demtenia. But she lives on her own. cooks her own food and baths herself. We are there everyday to make sure she is eating and taking her meds. My aunt had her aign medical poa anf didnt tell her what is was but she had dementia then. Please help.
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Shockedjan, yes, the POA can be changed without the knowledge of persons on the older POA. And yes, a person with early dementia may still be able to change the POA. The critical factor is that they are able to understand what the POA document means. Obviously the persons who are no longer POA should be notified at some point, so they do not try to act on the principal's behalf, since they no longer have that authority.
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My husband and i had POE along with his brother and sister...my husband died 2 years ago...i have recently found out that they have took a new POE out without my knowledge.omitting me...can this be done..?...my mother in law has early alziemer,s ...jan
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so when doctor says she has early dementia there's no changing POA?? can we get a second opinion from a different doctor
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If you can prove that she did this after the doctor said she was not mentally competent to make decisions, then that POA should be invalidated. The lawyer who did that needs to know that he did this for a mentally incompetent persons with your sister's full knowledge of the situation. Why did the doctor send the letter to her?
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This is. In Arkansas my mother requires 24 hr a day care she has been diagnosed with advanced dementia I have been POA since 1986 after a doctor sent a letter to sister attorney she was not mentally able to make decision 2 days later she took her to a lawyer and got new POA. What can be done?
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What has the doctor said about your grandpa? Have you heard that from the doctor himself? Why does she say that your grandma must move in with her or go into a home?

Just being POA for your grandparents does not give you aunt the right to sell their home if one or both of them are still competent. Is your grandmother still competent.

Is your grandmother healthy enough to stay in her house?

If your aunt does sell their house because grandmother is not competent, that money can only be used for her care legally speaking or if she ever needs medicaid they will want to know where all of that money went.

If your aunt is in this for the money, she will be breaking the law as your grandparents' POA.

Are your parent's up to date about this situation?
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My Grandparent made my aunt the POA, now my grandpa is in the hospital not doing well and my aunt is telling my gradmother he isn't coming home and she will have to move in with them or go in a home.My aunt said she is selling their house. My grandma doesn't want to do either. She wants to stay where she is. I think my aunt is in this for the money. I just can't sit by and see my grandparents being taken advantage of. What can I do.
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Legaleagle1, your situation should be reviewed by an attorney, and I do hope.you are in possession of the original POA, with an original notary stamp & signature. If your mom has been deemed incompetent by a doctor, then she needs her assets to provide for her care. She probably needs nursing home or memory care in a facility (these services provided at her home 24/7 will cost a lot more than if provided in facility). You need an experienced Elder Care lawyer, who has experience with financial planning. She may need to sell her home (you would have to do this on her behalf) in order to qualify for Medicaid. In some very rare instances, the senior's home does not need to be sold if there are children still living in the home -- to answer this question is not something anyone here on AgingCare.com can do.....you will have to spend money (mom's) on a lawyer to see if your state's Medicaid has an allowance for this. But even if you do, by some miracle, get to stay in mom's house, keep in mind that you will.have to pay any mortgage, insurance, property taxes, utilities, repairs, and association fees. ...as mom's Soc Sec and pensions will all go towards her care, not to keeping her home. This is why I emphasize, do not expect to get to stay in mom's house....prepare to get it ready for sale, with all.proceeds going towards mom's care, which is exactly as it should be
Everyone needs to work and make a living, so get mom into a facility, which should free you up so that you can look for work. Read here on Aging care about how being a caregiver is extremely deleterious towards your own financial stability. You don't need a place to stay-- you need a job, and health ins, pension, and a financial future so you can provide for your own needs. Do it, and feel proud that you have taken care of yourself, and your mom would be so proud of you too.
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My husband and I are living with my mother who has been deemed a 24/7 need of care. We moved in temporarily because we lost our home but found out shortly after she was not well and a danger to herself. Our short term is now 5 years and no solution in sight. I just found out that I have a poa for her which she signed 18 years ago drawn up by an attorney with her will. I totally forgot about the poa until I was going through private papers and found it. She made it out because of my brother. I'm her daughter and had to do a 10 year legal battle when my dad died to receive my inheritance. The problem is that my brother is putting bad ideas into her heard that she is believing because of her condition. If I move out she will have to be placed into a home. my question is, can she legally have me moved out since I am her poa? She cannot sign any legal documents anymore. If she can have me moved out will I be getting some kind of notice or can it be immediate?
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No. The current poa cannot name a new poa. Only the Principal can name someone else to act in their behalf. The Principal cannot even have their original poa document give named poa the right to name successor poa....that is illegal everywhere. If a new poa is needed, the Principal must name it. If Principal cannot, then no poa can be named; the Guardian will have to be put in place by a Judge.
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To justjan2008. The POA gives you
the authority to transact any business for your brother so maybe it is possible to designate a temporary alternate poa. It might be possible for you to sign a statement authorizing your niece to sign for you on behalf of your brother during a certain period of time...i.e. 1 yr. I don't know. Maybe not.. ..just an idea. Talk to an attorney about your options.
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C Willie is correct, only the "Principal" can change their poa. First they have to revoke the former poa document, and at the very same time they should assign a new poa. The Revocation gets mailed to former poa as notice that the old poa is no longer in effect. The former poa is supposed to sign off they received it. But whether they sign it or not, the new poa is in effect as soon as signed and notarized. The new poa should have an original copy of the poa document, kept in a safe place (like a fire proof safe ). Nobody else can change a poa, besides the "Principal ". If they are incapacitated, then a guardianship claim needs to be filed in court. This will cost thousands of dollars. Good luck.
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To answer your question, YOU cannot change the POA, only your brother can, and only if he is still mentally competent. And as theresa2 says, tacking a new question on to someone else's post is not only bad manners, it probably won't get you the responses you want.
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To justjan2008, you may want to post your question as a new question. You have posted it as a comment to someone else's question from 2010.
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I have POA over my brother for Medical and Financial and I will remain as such. He needs 24/7 care and will be moving in with my niece who has agreed to care for him. What I need is to allow her POA over the medical so she can make and receive medical information on his behalf. I do not want any delays in his care because "she's not authorized". My brother is mentally incapacitated due to a serious accident. Can I complete a new POA keeping everything the same, except to add her for the medical decisions? If not, can I complete a limited POA for her with my signature only? Need assistance. Attorney that wrote it does not know???
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Your mother is allowed to name a Power of Attorney of her choosing, as long as she is not incompetent. That is, she must be able to understand the concept of appointing someone else to act on her behalf. She could name you. If that is what she wants to do, take her to an attorney specializing in Elder Law and have the document drawn up. (Your could do this without a lawyer, but under the circumstances I don't think that is a good idea.) Explain to the attorney that she wants to live with you and get advice about how to make that happen as smoothly as possible.

If Dad has been abusive the entire marriage, why is it just coming to a head now?
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My mother has developed dementia.
My father has been emotionally abusive for length of their marriage. Also mentally unstable to care for her, he has a violent temper, we fear for her safety as well as emotional state.
She wants to live with my family where she is safe, healthy and happy.
How do we as her children deem her incompetent and my father unfit, so he doesn't have POW by marriage.
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My mother passed a few months ago. I have been living with her and my step father who has a daughter he has not seen in 36 years. Well she came to moms funeral and began riding him to lunch once a week. He has dementia and some how got him to do a poa and changed his life insurance bene. and put her name on moms car. Within a few months he had brain surgery for a broken hip. Also, he fell and broke his hip. So, now she moved him out of the house and is removing things out of the house. And is extorting money from the caregivers. Is there anything we can do to help him stay home? And how do we recover his belongings?
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I agree with Linda 09 comments. I am poa for my mum which means I handle her investments, pay bills, insurance issues, taxes ..I do all this long distance...no problem. My sis is her local caregiver and she has the hardest job. I do whatever I can..make phone calls, doc appts etc. Being poa would just mean more work for her. I keep very detailed records of mums money and everything is open and for mums benefit. I reimburse sis for exp and pay her a monthly caregiver allowance.....works well.
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Tell your brother to give it to someone else.
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I don't want to be POA for my brother anymore. What can I do?
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She certainly does not deserve the amount of money he has left her, she has only been his paid help for about 3 years doing 6 hours a week. It makes us very angry that this can happen, shouldn't the care company she works for have some rules about this, it seems old people are just left to be taken for granted by these people
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My dad has left a lot of money to his home help in his will and we think she may of manipulated him to do this just before he was diagnosed with dementia. What can we as a family do about this, as the home help didn't even do her job properly and basically got paid to sit and have cups of teas with him.
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My Mother has dementia and other illnesses that has her completly bed-ridden and needsw 24/7 care. I moved her into my house after court appointed a lawyer to be her P.O.A. of the estate and health. Reason, sibblings were fighting. I live in New Jersey, Mom lived out of state when P.O.A. was made from Philadelphia judge to a Philadelphia lawyer. The guardianship sucks, when I need something I have to remind him several times, including questions that never get answered. I have Doctors and nurses that come to the house on a regular basis and praise us for the work and care we provide for her. I feel that since Mom lives in new jersey wouldnt it be a better idea to have her P.O.A. in N.J. rather then Philadelphia that is out of state, anyone with good info please give me some advice, God Bless ALL.
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My mom has no reason not to trust us. Her biggest influences are her sisters who are extremely manipulative. The oldest sister is stepping down and is a complete control freak. My mother listens to her older sister without question, and I am sure the bookkeeper was her idea. The thing is, I am her son forever, the bookkeeper is their temporarily.
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Jason v, Do you trust the book keeper? Is he/she going to do the right thing for your mother? I would be a bit concerned unless the book keeper is a wonderful person who your mother trusts more than anyone else. Does she have any reason to distrust her children. My mother gave POA to my brother but appointed no one as an alternate. I was left off for no good reason whatsoever. My only recourse, should I need to care for her and she is incompetent to appoint me POA ,is to seek guardianship.

If this happens to you, it is expensive and time consuming. I would at least have her put you and your sister on the POA as alternates. It could save you alot of time, money and trouble.

And yes, this is as crazy a situation as I am in. Welcome to elder care.
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