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yazsharon Asked January 2015

Police told me my POA was worthless. What are my rights?

I have POA of Mom.I let her go visit son if while there he filed for Guardianship Mom has lived with me 3 years, What can I do? My brother wanted to visit with Mom so my sister came to fly with her. Turns out it was planned and now her will not let me bring her home, He works out of state most of the time so Mom will be left in care of his wife or strangers, I dont want Mom with basically stranger as her ALZ is progressing

notrydoyoda Jan 2015
Have you talked with your brother to get his explanation for this action or will his wife tell you what is going on?

How far a plane ride are they from you?

jeannegibbs Jan 2015
Here is an explanation of what POA covers:
https://www.agingcare.com/articles/things-you-can-and-cant-do-with-poa-152673.htm

Do you have both financial and healthcare POA?

Is your mother "incompetent" in the legal sense?

Have you consulted an attorney specializing in Elder Law?

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notrydoyoda Jan 2015
Your mom went willingly to your brother's house?

Is her dementia at the point where she cannot make a sound decision?

Has a doctor ever evaluated her as incompetent?

I'm not sure exactly what your durable and medical POA would authorize you to do in this situation?

Have you had the chance to talk with your mother on the phone? Would it be possible for you to go visit her?

If your brother files for guardianship, he must first be able to prove with the testimony of two doctors that she is not competent. You can go to court and protest his claim for guardianship and request that you become his guardian, but I would get my own lawyer to do that.

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