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OverwhelmedinNC Asked April 2016

Where to find help for my mother from a non-family member who claims POA, but with NO legal proof?

I am writing this in the hopes of finding help for my elderly mother that she desperately needs. I wanted to see if anyone could help my mother and I that are in a dire situation. A friend of my mother has went under my nose and has claimed to have made herself power of attorney for my mother and is making what is already a difficult situation even more stressful for everyone involved, including my mother. I believe this power of attorney is fraudulent because it has not been registered and recorded at the courthouse as it should by state law. I strongly believe that there are predatory practices that are being done by my mother's power of attorney and I am very concerned about my mothers life, safety, and well being. My brother and I were against this lady being involved in my mothers care from the beginning because this lady was not family but decided to come in and take over the care of my mother and late father and pushed myself and my brother out of the way, and she has continued to overstep her bounds.

I believe that there has been deception and intimidation tactics used against my mother by this power of attorney and the nursing home as well. I believe that this power of attorney is in a shady relationship with the nursing home that my mother is at in order to gain my mothers social security benefits and access to my mother's assets.

We, my brother and I, are being denied access to even see and talk with our mother by this lady that is the so-called power of attorney, especially after our fathers death, of which my wife accidentally found out had happened by reading the local news on the internet. Another one of my concerns is if my mother happens to pass away now, will this lady who claims power of attorney fail to inform me of that as well?

I am requesting that a judge grant me access to see my mother. I also want my mother moved out of the facility that she is currently in to a neutral facility with a court appointed power of attorney over my mother until all the legalities can be straightened out. I am also challenging the power of attorney. My mother is in desperate need of help and this needs to be done as quickly as possible. There is no time to waste and this must be taken care of quickly and urgently. If anyone out there knows of anyone that can help, please refer me to someone that I can speak with so that I can get my mother the help she desperately needs. Thank you so much for everyone's time for reading this

JessieBelle Apr 2016
If they haven't seen their parents in such a long time and learned of the father's death on the internet, I have a feeling there is a long history here. I doubt the court would entertain the idea of guardianship by family. If the father has died and the mother is in a later stage of Alz, I am not surprised that she is in a NH. Unless there is money missing, it sounds like everything is like it should be.

OverwhelmedinNC, what is your biggest concern? Is there a sizable estate or is the SS check going directly to the NH. This is normal, especially if someone is receiving assistance from Medicaid. It sounds like you haven't been around them for a while. Was the POA a friend of your mother? If there was no family around, it makes sense that she should appoint a friend. You can ask to see a copy of the POA. That is a reasonable request.

ScrimbleB Apr 2016
Just reaching here but since time is of the essence, find a well respected elder attorney in your area. Also, I would consider looking into either a guardianship or conservatorship, which ever would apply for your situation giving the particulars of your moms case. If you or your brother are serious about caring for your mom, being involved in her care, and responsible for her expenses then I would fight for her best interest whole heartedly now!

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Mincemeat Apr 2016
You should be able to have a talk with the social worker at the nursing home. Depending on what state, you should be able to demand that they nursing home share a copy of the POA with you. Who exactly placed your mother in the facility?

FF knows her stuff. A visit with an elder care attorney, a restraining order or injunction placed on the POA until this can be straightened out!!

pamzimmrrt Apr 2016
You read of your fathers death on the internet? When did you last see him, or your mother? The nursing home should have you and brother listed as next of kin.. even if you are not POA. How long has this friend been POA ( or claiming to be)? Why did you not take this battle on from the begining, or is it all very new? I agree you need to see a lawyer.. but not sure what type

freqflyer Apr 2016
If you haven't already, set up an appointment with an Elder Law attorney to straighten out this situation.

Oh by the way, a Power of Attorney does not need to be recorded at the Courthouse. Unless the Power of Attorney is selling a house/land for the principle involved.

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