The person who confers power of attorney has still rights to participate in life as they choose to. Should they wish to have a visit from other relatives in their own home that is fine. It would NOT be fine to have a visit in the home of the POA. So there is that. You do not lose your rights when you give POA. You are appointing someone to act FOR you in the manner you wish actions to be done. If the Grandmother is demented and the grandson is a problem, playing upon her, then the POA, seeing this, may wish to go for guardianship, in which case he or she would be able to make these decisions.
It is up to the person who gave the POA, not the POA. One exception is if that person is the guardian.
My brother and I are going for guardianship of his step mother as she has dementia and has a son who is a criminal and always asking and getting large sums of money. We have gotten control of this because her husband, my brothers father, is still alive and he now understands what is what. However, he is 90 and in very poor health. He has signed a letter asking the court to approve this guardianship.
If we have the guardianship we can control who comes to visit her or can take her out, with just the POA we cannot.
Like Alva said, if its the home of the POA the principle is living at, then the POA has a right to say who can stay in their home.
When it comes to a POAs responsibilities, protecting the principle is one, I feel. There r 2 POAs. One is immediate, which I have because my nephew has no idea how to handle money. So, I oversee his accts. The other is springing which comes into effect when the person is declared incompetent.
So the questions are, is the Principle living in their own home and can still care for themselves? If yes, the POA has no authority in that situation. Even if the relatives are taking advantage, if the person is competent to make decisions, the POA has no power.
In my opinion, if the Principle is living in their own home but even with a diagnosis of Dementia can still be alone, the POA can ask people to leave if they feel the Principle is being taken advantage of. Early onset effects reasoning and the POA has an obligation to protect that person.
So, if in this situation the POA is not immediate, the Principle is in their own home and competent, then the POA has no authority to says who stays with the Principle.
I think we need laws concerning POAs. They should be written by a lawyer or paralegal. The Principle and the assigned should both be present. Both explained what a POA entails and the responsibilities. Which are not the assigned is at ur beck and call, nor does it give the assigned the right to run some ones life. By this I mean, keeping people away because the assigned doesn't like them.
My brother and I are going for guardianship of his step mother as she has dementia and has a son who is a criminal and always asking and getting large sums of money. We have gotten control of this because her husband, my brothers father, is still alive and he now understands what is what. However, he is 90 and in very poor health. He has signed a letter asking the court to approve this guardianship.
If we have the guardianship we can control who comes to visit her or can take her out, with just the POA we cannot.
When it comes to a POAs responsibilities, protecting the principle is one, I feel. There r 2 POAs. One is immediate, which I have because my nephew has no idea how to handle money. So, I oversee his accts. The other is springing which comes into effect when the person is declared incompetent.
So the questions are, is the Principle living in their own home and can still care for themselves? If yes, the POA has no authority in that situation. Even if the relatives are taking advantage, if the person is competent to make decisions, the POA has no power.
In my opinion, if the Principle is living in their own home but even with a diagnosis of Dementia can still be alone, the POA can ask people to leave if they feel the Principle is being taken advantage of. Early onset effects reasoning and the POA has an obligation to protect that person.
So, if in this situation the POA is not immediate, the Principle is in their own home and competent, then the POA has no authority to says who stays with the Principle.
I think we need laws concerning POAs. They should be written by a lawyer or paralegal. The Principle and the assigned should both be present. Both explained what a POA entails and the responsibilities.
Which are not the assigned is at ur beck and call, nor does it give the assigned the right to run some ones life. By this I mean, keeping people away because the assigned doesn't like them.