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Have a question on guardianship of my mother who was taken into protective custody by causing concern/harm in an assisted living facility. My mother had only been placed there two days ago. She had lived in her own home until that point. Her biggest desire was to to live out her last days in her own home. She refused any and all help except for what myself and my sister could do for her. In the courts findings My mother was declared incompetent.I am now temp guardian of person and estate by the courts.I have a pending court appearance for permanent guardianship.i had filled out an POA for both Finance and Health, which the the courts deemed invalid.( The POA's were filled out online at the state of Wisconsin web site and printed out, i then went with forms to have them signed appropriately) Then they (the courts aka General Corporate Counsel) pushed forward for my Temp Guardianship. I could not find original POA's, I now have located them. They were filled out in 1998 before my Mom went into surgery for a brain tumor. My question becomes ...Is the 1998 POA's invalid now? Is there a viable recourse for me to follow to keep the 1998 valid? I am at my wits end. I have been trying to keep Mom independent, because that is what she had wanted. It became to overwhelming for me to keep her independent ( Living alone in her own house) I could not be there 24/7 for her nor give the proper attention required for her needs. It's been very emotional for me and I just want what is best for my Mother. Thank You in advance.

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If you're in a hurry it might be worth going back to the ALF and seeing if you can negotiate alternative admission paperwork. When you think about it, having POA can't possibly be a criterion for getting your relative admitted, simply because a great many people never give anyone POA and don't actually need to either. Obviously it makes it easier, but that doesn't mean it's essential. And what do they do about poor little old ladies who haven't got any friends or family to help them? - there must be a way.
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The second part of your question. We have not shown it to the attorney yet. We just found it yesterday in searching for important papers in her house. She would never let us look through her papers in the past. She just wanted us to take her for rides and go out to eat. She would always say "Oh I will do that myself. It will give me something to do. "
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I don't know about the POA that you had in the beginning, but when I had Mom and Dad's done, there is a statement in the document that says the POA and all that is contained within will be valid until such time that the person could be ruled competent to cancel or change it. If that's the case with your older POA and no one has changed it or canceled it, it should be valid.
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Yes it was a new POA that was declared invalid. The court indicated that if they find her incompetent now, she was incompetent at the time she signed the recent POA that she signed a month before this whole fiasco started. My sister and I were trying to get her in an assisted living facility which we could not do without securing a POA. She was at risk living at home without 24/7 supervision. It seemed that in the previous couple of months we saw a rapid decline in her abilities and knew then we had to act fast.
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So you knew there was an existing POA, but unable to find the documents you filled in replacements and these latter ones were rejected by the court? And now you've found the originals.

Well there's no reason they shouldn't be valid *except* that you will have kind of blotted your copybook with the court by presenting invalid documents (they won't have liked that) and the guardianship process is already under way - which would supersede POA anyway.

Still, the originals will support your being appointed as guardian insofar as they demonstrate your mother's established wishes; so hang on to them. Is there anything you need to do meanwhile that you can't do by virtue of being your mother's next-of-kin?
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I just want to verify- was it the new POA that was declared invalid by the court? Have you shown the old POA to your attorney?
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