Follow
Share

I live in Florida currently. My mother has dementia. I am the baby and have 2 older brothers, the oldest is with her now taking care of her. My middle brother and his wife were taking care of her a few years back before dementia has increased. Then she was of sound mind and made my middle brother her power of attorney for finances and health. She moved away from them because my brother's wife was over medicating her which made her very sick and my mother felt as though my middle brother's wife was trying to kill her. My mother was living on her for awhile but this last the dementia is increased. My oldest brother has been staying with her making sure she gets doctors appointments and food in the house and eating properly along with her medications. He is also the one whom has been paying her bills with her income. So the brother that currently has POA does nothing for her. How can we change the POA from middle brother and wife to oldest brother whom is with her 24/7 doing everything with me in the background assisting as much as possible over 1,200 miles away?

This question has been closed for answers. Ask a New Question.
Find Care & Housing
A person has to be mentally competent to change a POA. It doesn't sound like you mom can do this. Unless your family will cooperate in her care and finances you would have to look into a guardianship.
Helpful Answer (1)
Report

I agree with Windyridge above. Only your Mother can make that change. Thus unless your Mom can understand a legal document and the Attorney feels that your Mom is of clear mind at the time she signs a new POA, if not then the old POA would have to stay in effect.
Helpful Answer (2)
Report

Dementia does not preclude one from making or changing a POA. If your mother can demonstrate that she understands what she is doing, she can make the change from one son to the other.

When the lawyer came out to our house, she went through the documents with my husband, summarizing each paragraph. Then she asked him, "what does signing these papers mean?" and he said, "That Jeanne can make decisions for me if I cannot or don't want to make them." That was good enough. Papers were signed, witnessed, and
I was his legal and medical POA. The fact that my husband might not remember the lawyer's visit a half an hour after she left was not relevant.

Here is an expert answer to your question: https://www.agingcare.com/articles/alzheimers-power-of-attorney-139458.htm
Helpful Answer (3)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter