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Hi all, this is my first post so be gentle! I am heartbroken. My brother has controlled my mother for many years having lived permanently with her until his early 40's. She fell into a deep depression when my father died 6 years ago. Unbeknown to the rest of the family he obtained POA when she was compos mentis. He stopped her answering the phone and we had no responses to letters etc, saying 'mum wants to be left alone' but now we have learned that 15 months ago he placed her in a rest home 150 miles away from us and sold her home. She now has the early stages of Dementia. The home is unaware that she has a daughter, granddaughter and elder brother and other extended family who would visit, in fact they are horrified. Since putting her in the home he has not visited her ONCE. My question is, forget the financial side of things, are we able to transfer her to a home closer to us so we can visit regularly or can his lack of commitment to be enough to overturn the POA? I just don't know where to start with all this. Thank you

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You need to find out if two doctors have declared her incompetent. Yes, guardianship overrides POA.
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Karmaj4ne Jan 22, 2019
Thank you so much. I will chase this up. I don't hold out any hope, my brother is a very clever manipulative person. I'd be happy to sign everything over to him. All I want is to be close to her.
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Hi
I need to check with the home exactly what her diagnosis is but I can tell you that she is extremely confused in the home so I cannot see that she could make any decisions herself. For example she is incontinent now and doesn't make a lot of sense. She seems so happy to see us but obviously as we all live so far away this cannot be a regular thing. If she lived closer I would visit her daily. So are you saying guardianship can overrule a POA? Thank you for your reply.
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Has she been declared mentally incompetent?

If so, you need to speak with a elder lawyer and petition for guardianship. If she is competent, she can revoke POA and name a new one.
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