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I have a friend who is 79, fell in her house, broke her hip, and went to nursing home for rehab. She has a friend and her daughter who are poa and back up. The poa placed her in assisted living, she thought temporarily. The poa 2 months ago had a stroke, was in hospital for a month. Her daughter took over, was reluctant when principle wanted to spend her money on groceries, a replacement cell phone. The facility manager is friends with poa. The principle has been isolated, poa daughter blocked me from visiting, the only person she wants to visit, which was regularly, her wishes are being denied by facility. Principle wanted to revoke Poa's and appoint a guardian. She wanted to go to bank and remove them off her finances. The facility told the doctor declared her incompetent in 2015. She was active in telling poa daily what she wanted done, signing her checks, directing her aides. The law in Florida says a judge has to declare her incompetent. That has not been done. If the doctor did declare her incompetent, and the poa was created afterwards, is it invalid? If is not invalid what can the principle do to get help? The poa visited her this week and told her she was not going to be her poa anymore but the principle does not believe she informed the facility. The principle told the administration she wanted me to come back in as they are ignoring her. She has no family just step children who are out if state as she cannot contact them. She wants to go back to her house with her aide service. She is paying for the assisted living.

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If she is "in the beginning stage of dementia" she is likely still legally competent, she needs to go to a lawyer and make a new POA and revoke the previous one, from there she can make arrangements needed. If she can't do any of that then she probably isn't really able to manage her own affairs and she is better off where she is now.
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Bree58 Dec 2020
It is not that she can't do it, the poa's daughter has her isolated, she refuses to replace her cell phone, which limits her to call anyone. The facility is friends with the poas. Virginia the principle when she was at home would tell the poa what to do, she signs her own checks. I don't think she is that far into dementia as she is still able to express who, what, when, etc. Trying to find a lawyer in thus city us not productive. Oh and I was a poa for my mother for 24 years. In order for her to leave the facility she needs assistance, the facility allows other residents to come and go, but not her anymore. She does speak up, but they brush her off or ignore her requests. A lawyer from another city suggested a guardian to manage her finances. Seeking assistance here in Florida is horrible. I am from upstate NY and there is no way this would be tolerated. Virginia realizes the mistake she has made, as I don't really see a way out for her. I just tell her to pray, be specific and stay positive.
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She will need a lawyer to figure this all out. Both the POA and backup have to resign their positions. Then your friend will need to reassign someone. Your friend can revoke her POAs too. According to your Profile she has a Dementia. It all depends on how advanced that Dementia is whether she is competent enough to assign a new POA.

For a POA to be effective, it only takes one or two doctors to declare someone incompetent. Its guardianship that the Judge determines if the person is incompetent and that is with Doctors saying the person is. Incompetence has to be proven by the person filing for guardianship. The Judge reviews those findings and makes an informed decision.

Unless a POA is immediate, it does not become in effect until the principle is found incompetent to make informed decisions by a doctor, if POA is written that way. Up till that time, if the person can make their own decisions, POA is not in effect. And no, a POA cannot be assigned if the principle is not competent to do so.

Your friend needs an evaluation from a neurologist to determine if she has a Dementia and what kind so she gets the right medication, if needed. If she was diagnoised in 2015, I would say she is pretty well into it. A good physical would not hurt.

If she is found incompetent and she has no POA, then guardianship is the next thing. Very expensive. Her money can be used for this. I personally would not take on the responsibility if not related and even then I may not do it. As a guardian you report to the State. Financial records need to be kept up as well as proof of doctor visits etc. Since she has no family, the State could take over her care. A guardian would be appt and that person would now be in charge of her life and care.
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The POA has every right to restrict visitors during this time. Do you realize just how many seniors in care facilities (including assisted living) have died of COVID? The sad reality is that our seniors are the most vulnerable part of the population right now and we have to protect them. Isolating them is terrible, it’s cruel and I don’t think anybody likes it but what is the alternative?

However....If the principle is completely competent-and I’m think she’s not because of the dementia diagnosis 5 YEARS AGO and the stroke-Then she is completely in charge not the POA. She can have visitors if the facility slows it. She can talk to the administrator. SHE can tell the administrator the POA has stepped down. SHE can have the POA revoked and a new one assigned. So why isn’t the principle advocating for herself here? I don’t think she is as competent as you have been tricked in to believing. Also she can not appoint a guardian. That has to be done by the courts. She can make her wishes known but she herself does not get to appoint the guardian. It must be done by a judge. So why didn’t she pursue that if that’s what she wants to do?
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Bree58 Dec 2020
I was already going in and out of the facility 5 days a week, the poa had me checking on the principle, her name is virginia. I was named an assistant caregiver. The poa's daughter is the problem. I believe she is mismanaging her money by the things she has said and done. There was no problem with me entering the facility until Virginia started inquiring about her money, the items of hers taken, etc. I followed the protocols as I have health issues, to protect myself also and Virginia. My concern is Virginia is being taken advantage of by the poa's daughter and the facility. The principle is not incompetent and she is not the one that had the stroke, the poa did. She is speaking up, the administrator is not listening, totally brushing her off. They don't care and are violating her rights I believe because of this covid and they want her money. She is paying out of pocket. I understand the concerns on the covid, and really do not need a lesson on it, I have worked in the health care field for over 50+ years and am updated every week by professionals on my safety, which I pass on.
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She needs assistance to leave the facility, they won't let me back in because of the poa's daughter does not want me to help her. She is a real piece of work. I have been calling lawyers, leaving brief messages, they don't call back.
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