Can an agent that has POA get rid of the principal’s personal pet without the permission from the principal?

I continue to be staggered by the amount of stress my fellow posters put on dogs. People are more important, and that includes both mother and her son. If son can’t cope with every part of his difficult situation including a dog, that won’t help mother one little bit. At least try the dog-toy option before assuming that mother will suffer deeply if the dog goes to a good home.

What is your friend's outlook for returning home and her ability to take care of her dog? Are you able to volunteer your services as surrogate caregiver to her pet?

My mother-in-law had a dog and became unable to properly take care of it even before she needed nursing home care.

Fortunately, she had a close local friend who could take the dog into his home and care for it, and MIL was able to visit with the dog going forward.

It was truly the best outcome possible for the scenario. Everyone was happy and got the care they needed. If not for the friend stepping up, her dog would have had to be rehomed somewhere else for its own safety.

He is POA, he can make decisions. But the POA agreement does not mean he is responsible for what everyone else considers to be the correct decision. Re-homing the dog is more of a caregiver decision than a POA legal one.
If you are concerned, talk to the son in a civil manner as a friend. It is an extremely difficult time, and perhaps you could truly help your friend by supporting her son. Taking the dog for a while as others suggest would not hurt.
It is easy to think the worst of caregivers. If the son was doing this for the wrong reasons he would have taken the dog to a pound or shelter instead of going through the pain of finding her a new home.
When I was in a caregiver/POA situation I had no shortage of finger pointing outsiders who did not like some of my difficult decisions. Decisions that were painful to me as well as my mom. That only added to the stress and helped no one. I fortunately had one of my mother's friends who really understood and helped me through some very hard parts. If you really want to help, be helpful.

I’m not sure honestly, but that breaks my heart.
sometimes pets are better companions then humans. That is insensitive of him if it’s for selfish reasons.But there could also be other circumstances unknown to outsiders.

Will his Mom have to go to an assisted living facility ? At Independent Living Facilities she might stand a change at keeping the Yorkie. Is there anyone you know that will foster the poor animal ? How old is his Mom? Does she have dementia ? In decline ? Soon in hospice ?

I dont know if the POA allows him to do so, I know the one my mom signed for me allowed me to make all decisions. I did have to rehome her cat. She was not taking care of it and claimed it was attacking her. I didn't witness any attacks, but I knew it was not a good situation for the cat or my mom. My husband is allergic so I couldnt take it in. I'd not judge the son, even if he dislikes dogs. If you can handle the dog, I'd offer to take it. then at least it could still visit her. You may find out why the son needs to move it.

I'm going to say the short answer is NO. But circumstances can make it gray. Before making it an emotional battle, if it were me, I'd want to know the details. But be prepared to be asked what you can offer so it doesn't happen and what you are willing to commit to. Such as helping with the daily care.

There is no single POA document. Although one can buy POA forms, even those forms can be added to or altered. One can also have an attorney draw up a very specific and detailed POA that contains explicit terms and conditions limiting the powers conferred upon the executor of the POA. The son could have unlimited powers to care for her and her property if she is hospitalized.

That being said, whether the son is legally within his rights to deal with the dog is a small matter as it is unlikely that his mother--or anyone else--will bring the matter to court. The real question is whether it is essential to the well-being of your friend to have her companion there to welcome her home and whether she will be able to care for the dog. There is also a consideration about whether she will be coming home. It is quite possible that the son knows more about her situation than you do. Ask questions, politely, focus on your concerns for your friend's well-being and on your willingness to help in any way.

It is a mistake to immediately question the motives of a younger caretaker. Most of the time the children of an aging parent mean well and try very hard to do what is best for their parent. You need to be straight-forward and completely honest both with him and with his mother. There may be some difficult choices to make and it will not help if there are not clear communications and understandings.

When my husband's mother was in her last illness we spent some time at her residence cleaning and sorting things. Many of her neighbors came to us and revealed that they were very concerned about her and that they thought she should have been placed in residential care years earlier. These were the same neighbors who had, for years, been assuring his mother that they would help her in any way and that they were glad to help out. During those years, when we would try to talk to her about assisted living or other care options she would absolutely refuse, citing the helpfulness of the neighbors and their assurances that they loved helping her out. If they had been more honest with her and with us about what they were really willing to do and had been more honest about her capabilities she may have been willing to make changes that would have made her last years more pleasant for all of us.

The best way you can help your friend is to work with her chosen POA, not question his motives without understanding what is behind his actions. For all you know, there may even be written instructions for him to re-home the dog if there is doubt that she can take care of it.

If her son is trying to see after her, handle her affairs as POA, etc., he can’t also take on a dog to feed and walk and bathe or take to the vet/groomer. Maybe he has a job OR a home of his own and responsibilities. That is really asking too much of this person to expect him to do all of this. We have people on this forum who are stressed to the gills trying to take charge of a sock loved one. But, YOU could take the pet. Tell him to let you have it. You can keep it for her until she gets out of the hospital or know what her status is as far as functioning and care.

I have owned a dog every day of my life. My sister(dementia) loved her dog and was fortunate to have it in Assisted living. As her dementia increased, staff told me of her meanness to her dog. I was shocked...she loved this dog, her "child." I
visited more often and witnessed the meanness in various ways. I took her dog
"for grooming" and next day told her he had died. We both cried for different reasons. I found a local family who had lost their dog to a Coyote incident. They
came with their 4 children, grammar school-HS, and it was love @ first sight.
"Gizmo" never event looked back as he hopped into their car. It was a win-win
and my sister forgot about him. Dementia is as sad as losing a pet.

Most people do what they can with the time and resources available. Seems you will need to get a little more involved. Talk to the son about the dog. Offer to take care of the dog yourself until your friend returns home. Discuss with the son when would be a good time to re-home the dog.

These situations are so hard.  We use a doggy daycare who also does animal rescue and many many times when someone is elderly and can no longer take care of themselves, let alone a pet, the pet gets handed off to the pound.  So so sad.  Devastating for the owner and the pet.  I am going to argue the point for both sides here without having more detail. Maybe your friend is sicker than you know and her son who is POA is doing his best to manage his moms care and the dog is more than he can deal with at the moment.   Maybe he has been told that even if his mom pulls through whatever this is, that she will need to go to a nursing home afterwards. Navigating all of that is a lot.   Which brings me to ask if you could possibly care for the Yorky until you know what's what with your friend.   Even if your friend ends up in a nursing home, could you adopt the little dog and take it to visit her?  It is a lot to ask, but maybe the son is allergic or not an animal lover or maybe he works long hours and can't take on a dog...I don't know.  The dog may be very low on his list of priorities right now and this would be a good way for you to help your friend.

If your friend is alert (still able to know what's what) let her know about this and she what arrangements she'd like. It may be that the son does not want to spend money to board the dog, but if it's his mother's money, none of his business. Your friend might want to appoint someone else to be her PoA if the son is this disrespectful of her wishes and welfare. Tell the PoA that you feel this would constitute abuse and arewillreport it to the county Ombudsman.

If there’s a possibility she’s coming home why can’t you take in her companion until then?

Yes, but that is not acting in his Mom's Best Interest.

If the Mom is returning from the Hospital, he should find someone to take care of the dog til then. To give away his Mom's pet dog is a sure way to cause her depression and a not care to live attitude. Shame on him. You as a friend could offer to pet sit while she's in the hospital.

He might not have the power but he can get rid of the dog. So if you are worried that he will and your friend will be devastated you can offer to take the dog. It might be better for the dog to be rehomed, if she won’t be able to properly manage it.

When my MIL couldn't take proper care of her dog, we did rehome it with her knowledge and gave her a stuffed dog. Worked out fine for us and her.

Can you or someone you know take the dog for now so that she can get it back? Don't tell him you plan on returning it.

Some think they ate God when it comes to being POA . All’s a POA is ,, Is a scheduler, someone that does the banking pays bills and can make some decisions for the person they are POA of. And has power over the trustees but must take into consideration their thoughts. The whole thing is WHAT IS IN THE BEST INTEREST of the person that appointed them.

pets are family. You wouldn’t get rid of the husband because you didn’t like him and he was a pain in the keister now would you.

A POA has the trust attorney available and if this is just a drawn up
WILL there should still be an attorney to ask questions. If not get one . Because if she’s doing things like getting rid of the beneficiaries family pet I’m sure she’s going to do other things she thinks she or he has the authority to do, Without consulting anyone like an attorney or co trustee. POA’s can end up in Jail or prison if they aren’t doing right to the Trust or WILL. Be mindful to the person that appointed you, Because you can be taken off as POA and charged by a court of law if you don’t look out for the best interest of the person you are now managing. Just because they are incapacitated now doesn’t mean that they can’t get better or. If not alls it takes is the majority of the trustees to write a letter and the POA clan be held accountable! Good luck Poor puppy . He or she probably adores his mommy. Mean POA

Is the mother unable to make decisions for herself? Then the answer is no. A POA doesn't cancel out the will of the person for whom a POA was created. It doesn't sound like the son understands the needs of his mother...are you sure that you do? As an outsider, how would you go about checking this situation? Aside from speaking to the son directly, and hoping for some clarity that way. For me, this is your best bet -- speak to the son directly. There are things that you may not know or understand.

I am a nurse and have worked as a homecare nurse in homes where I have seen some incidents where the pet was a hazard. Pets that walk near or under owners feet are a fall risk. I have seen pets that for some unknown reason, walks around licking the owners legs, even when she is up walking. I have seen elderly working in the kitchen and around the stove with pets under foot. I have treated on several occasions, for a long period of time, months, wounds caused by a pets claws or nibbed with a tooth accidently. I would definitely need more information before answering this question.

So the selfish son is only thinking of himself; it would likely break her heart to lose the dog. My mom's dog passed away over 3 years ago and she still mourns for it.
The son needs to think of Mom's feelings and not take advantage of his power. What else is he doing with mom's possessions without her permission??

I would say it depends on the state and the wording of the POA. Some including, specifically handling pets as well as property, etc., not just paying her bills.

Here is the problem. When someone is elderly and sick or has Alzheimer's or dementia they are unable to properly care for an animal. My mother had five cats. The worse she got, the worse the house got. She refused to clean the cat pans and they were peeing and pooping all over the house. Some of them were indoor cats and she started letting them out. They lost a significant amount of weight. She started forgetting to feed them. She would often feed them the food that I cooked and brought to her instead of eating it herself.
I know that what he did might sound cruel but it is probably best for the animal. I sent all of the Cats to the Humane Society and my mother is fine. She is now in a assisted living and I had to tear up the carpeting in a two-level home because it was destroyed. I got her a fake cat that looks real and she loves it.

No it does not!

How long is your friend likely to remain in the hospital? There are boarding kennels where the dog could stay, or perhaps your friend knows a fellow Yorkie enthusiast who could help?

Speak to the son and ask him directly how he plans to have the dog looked after TEMPORARILY!!!

How did it come to light that he's been trying to get rid of it, though?

He can't be blamed for not liking dogs but obviously he needs to think again. What has he told your friend about it?

I love the idea of your offering to take the dog in, if you possibly can. Yorkies are poppets, and this one must be very worried about what's happening, poor little thing.

No it doesn’t give him the “right” but what’s to stop him?
She can change her POA. I would if my child did that to me. I would view it as a sign of things to come BUT, as has been mentioned there are many considerations beyond his right to do this. The dog could be kenneled until she is able to care for it or long term decisions could be made.

I agree with the comments below that there may be a reason he needs to rehome the dog: perhaps your friend will be out of the home for a while and dog care can be very expensive, so offering to care for the dog is a great idea.

If she is competent, no he cannot make that decision. His POA only gives him the ability to pay her bills when she can't and make Medicaid decisions, based on her wishes, when she is not able to.

If his POA is based on her being incompetent, its not in effect until she is. There is an immediate POA, but even then neither cover giving her dog away because he doesn't like it. Are u sure she is coming home? Maybe she is being placed in an AL or LTC. Some ALs do except small pets, but you have to be able to care for it. LTC/NHs don't allow them.

No it does not.

Can you take her dog until she gets home?