If there is someone holding GENERAL POA, then that often trumps the MPOA. So if the GENERAL POA has an attorney, they can make an appeal that they also act as MPOA before the court.
I cannot even begin to imagine a care facility doing something like this unless they are seeing negligence. If they do feel the MPOA is negligent in his or her duty they can appeal through a social worker to the judge asking that there be removal of a medical POA for cause. This would be a court actions.
I would think that for a Lawyer to do be able to do this, he will need to go before a Judge and you as the POA would need to be made aware of a court date so you can defend yourself. Is the Facility trying to get the State to step in as guardian?
Why is it felt that your Medical POA needs to be revoked? The MPOA lists what the principle wants and does not want. As the assigned person, you are responsible to follow what the principle wants or doesn't want when they are found incompetent to make those decisions. Does the facility want to do something that you object to because the MPOA stipulates the principle does not want it? Are you being asked to make a decision knowing that the principle would not want it?
I feel that a Facility getting POA for a resident is a conflict of interest. They should not be making decisions for residents that they would profit from.
I cannot even begin to imagine a care facility doing something like this unless they are seeing negligence. If they do feel the MPOA is negligent in his or her duty they can appeal through a social worker to the judge asking that there be removal of a medical POA for cause. This would be a court actions.
IS THERE a court action?
Why is it felt that your Medical POA needs to be revoked? The MPOA lists what the principle wants and does not want. As the assigned person, you are responsible to follow what the principle wants or doesn't want when they are found incompetent to make those decisions. Does the facility want to do something that you object to because the MPOA stipulates the principle does not want it? Are you being asked to make a decision knowing that the principle would not want it?
I feel that a Facility getting POA for a resident is a conflict of interest. They should not be making decisions for residents that they would profit from.
What reason does the facility give you for engaging an attorney to remove your medical authority?
They would need to persuade a judge that the holder of the POA was incapacitated, absent or acting in bad faith, to the detriment of the principle.
Would you care to tell us more?