Changing the Power of Attorney

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.

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?

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?

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?

so when doctor says she has early dementia there's no changing POA?? can we get a second opinion from a different doctor

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

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.

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.

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.

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.

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?