Mom has dementia and her banking, financial and medical control were given to a POA. Can she legally sign a contract with an attorney to represent her for things now?
It almost certainly depends on the level of dementia. If she understands what she is doing, yes, if not, no. It sounds as though you aren't happy with whoever has the POA. You will probably need co-operation from a doctor and a good Elder Care Attorney to make it work, if that is what you want to do (or if you want to upset something that has already happened). The lawyer may be needed as well to talk through what you think is going wrong, because there may be other options eg a new POA.
Mum’sdoomed, I wrote to another question from you, but now can’t find it. Here is the answer in case it helps. A hospital wouldn’t normally prepare a POA and arrange for it to be signed. I suppose it could be done with a standard form, but it still seems most unlikely. It would be more likely for the hospital to have got a family member to sign for a medical procedure, as a bit of back-up protection for the hospital. Would your sibling understand and be accurate about exactly what was done? Have you seen this POA document? You certainly need to see it. If your mother’s dementia is no worse than when she was in hospital, she should be able to make a new POA and cancel the previous one, and that might be a good idea for the future anyway. If there is a lack of trust in here, POAs can be joint with ‘both to sign’ for safety. It would be a good idea to talk for your mother about what she wants, and the hospital to find out what happened. The hospital should probably have kept a copy. If it still looks bad, see a lawyer.
No the POA is the only person who has a copy .In fact mom is married and even her husband has never seen a copy of this POA .When any of us have ask to see it we are firmly denied access including both my mom and her husband.We have ask the primary physician, as well every nursing home mom was placed in which were 3 different ones in a 5 month time frame.an 2 hospitals during same time.All facilities denied us to even look at the POA on file. The hospital ELLWOOD CITY HOSPITAL IN PA is who gave my youngest sister POA and mom signed it at the hospital the date is the very day mom feel breaking her hip and femur.Then needed emergency surgery to place a pace maker. She was heavily medicated for pain as they couldn't do hip and femur for 2 days because of heart.Thats what is confusing to me is that doctors said she was not mentally capable of making any medical decisions. Somehow that turned to mom losing control of everything in her life .The POA and another sibling have emptied moms home of a lot of personal objects family heirlooms jewelry even dumb things like linens,cookware,thrown away whatever that feel mom doesn't need ...even while mom cried to the point she got herself so worked up she fell in her yard.The POA has went to the bank and given a copy of this POA and left instructions that mom was not permitted to do any banking without her present she took over everything and now she is attempting to have multiple family members legally refrained from any longer seeing our mother . Just added note that the POA is currently being investigated for stealing off mom as mom was in a hospital or nursing home for last 5 months so no money needed to b spent yet mom has a zero balance in her checking of what should b almost $5k
You definitely need a lawyer and to report this situation to any appropriate authority. You do not even know if it correct that your mother has actually signed a Power of Attorney, and the fact that no-one (even her) is allowed to see it is a red flag that it may not exist at all. Get onto it before any more assets have disappeared. Once they are disposed of you can't get them back. I don't know who is 'investigating' this, but it has to have some teeth behind it. If possible, get the POA (if it exists) revoked immediately and replaced with another, get it registered if that is a requirement where you are, get certified copies made and deliver them to the bank, the hospital and everyone else involved, including the 'attempt' people and every family member.
The hospital ELLWOOD CITY HOSPITAL IN PA is who gave my youngest sister POA and mom signed it at the hospital the date is the very day mom feel breaking her hip and femur.Then needed emergency surgery to place a pace maker.
She was heavily medicated for pain as they couldn't do hip and femur for 2 days because of heart.Thats what is confusing to me is that doctors said she was not mentally capable of making any medical decisions. Somehow that turned to mom losing control of everything in her life .The POA and another sibling have emptied moms home of a lot of personal objects family heirlooms jewelry even dumb things like linens,cookware,thrown away whatever that feel mom doesn't need ...even while mom cried to the point she got herself so worked up she fell in her yard.The POA has went to the bank and given a copy of this POA and left instructions that mom was not permitted to do any banking without her present she took over everything and now she is attempting to have multiple family members legally refrained from any longer seeing our mother .
Just added note that the POA is currently being investigated for stealing off mom as mom was in a hospital or nursing home for last 5 months so no money needed to b spent yet mom has a zero balance in her checking of what should b almost $5k