Is there anything I can do to contest my sister's right of having a Power of Attorney over my father who suffers from dementia and Alzheimer's?

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My sister obtained a POA for my father. My father had already been diagnosed with Alzheimer's/ Dementia when my father signed the POA. He was recently hospitalized in is currrently in ICU. My father never wanted to be kept on life support (artificial life) if something were to happen to him, but my sister does not seem to be concerned about his wishes. She never cares for my parents, I am their primary caregiver. I spend time with them everyday and care for them, my sister never visits but is quick to try and control every situation, even if it means to go against their will. Is there anything I can do to remove her as POA?

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Determining a persons competency can typically be done by asking them to answer a few simple questions to show they are oriented to time (ask the time), place (ask the place they are now), and person (ask them who they are). Some add purpose if they are in the hospital (why are you here?). If they can easily answer they questions, a physican or any other person would be hard pressed to determine in their professional opinion that that person was not oriented and thus not able to continue to make decisions about their own care. It doesnt mean they are not limited in their mobility. Many people that work every day are limited in their mobility. Yes, you can contest actions but also realize that some persons have recovered when no one thought that they would and to terminate their lives by pulling a plug might be a decision that could haunt you into the future. Clearly someone unconscious is the a good example for POA or HCPOA etc. but sitting down with the POA and having some dialogue may be the best course of action.
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My wife's father recently passed of Alzheimer's at age 74. Her mother passed 4 years prior of Parkinson's and her sister just recently died two years ago, she is the only one left. After her mother died her father met a women on Match site or something and married her within 1 and half years. My wife has always been close to her parents and had a good relationship. She could clearly see what was happening to her father with this new women. Soon this women had POA and then was re-writing the will removing my wife from it and put the house in her name. My father in laws best friend told us we need to fight this is court because he knows she is in it only for his money, nothing else. We don't even know what he is worth because who talks to their father when he is dying of a disease that impacts his thinking and doesn't make good sense as it is. We saw this when my wife said don't marry her and he said he must and married her on his ex-wife's anniversary. It was just more than my wife could take. Consequently we have access to nothing paper work belongings, nothing and this lady who we thought was somewhat normal at one time has showing her true colors and made it obvious that she is there for the money. We assume my wife's father had some money because this lady told my father in-law 's best friend that she will be sitting good now. Also she started selling his stuff a few moths ago before he even passed. What can my wife do?
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My cusin got my uncle to sign over a power of attorney , who has was diagnosed of dementia BEFORE he signed . He have been arrested Twice of battery since this signing , now his live in girlfriend has filed a POA , and she have possession of my uncle and his social security check , furniture and condo . She will not allow US - his family to see him . Do we have any legal rights to overturn this action againist her & his son , who should NEVER have power of attorney EVER because of his abusive behavior .
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I agree with HelpUnlimited's answer. I asked my Moms lawyer the same question years ago as my sibling was a trouble maker and claimed Mom was incompetent when drawing up papers. (Moms doctor said just because she was forgetful doesnt mean she couldn't make decisions.) The lawyer said if my sibling took me to court to contest it they will ask him (the lawyer) if Mom understood what she was doing at the time she signed it and he would tell them yes. Of course he would tell them yes, because #1 he wouldnt do anything illegal to begin with and #2 his job would be on the line if he ever said no. Imo, it would be a hard case to make trying to change a POA. Maybe you will get better advice from a lawyer, keep us updated please and good luck.
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Cathy, I think you need to consult a lawyer about this. Find one who specializes in Elder Law.

Having dementia does not prevent one from signing some legal documents. What is really critical is whether they could understand them at the time they signed them. It might be very difficult to reconstruct her cognitive state two years ago.

Do you think that your brother's actions were not in your mother's best interests? Or not in your interests? How do you think the POA document is not what your mother would have wanted, if she had understood it? Discuss this with a lawyer.

If Mother is competent to sign such a document now (which is a different issue than whether she was in 2012) AND if mother wishes to change the POA she can do that fairly easily. If she is no longer competent now but was in 2012, then I think the only way to get a change is through the courts. And that might involve guardianship.

A lawyer can explain all the options to you, and then you can decide whether you wish to proceed.

Have you had a frank, calm discussion with your brother about this issue?
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I do not believe she was coerced into signing it. I don't believe my brother would coerce her, but I know she is not aware of the legal document she was signing. She wouldn't have signed it. She had a will done several years ago. As far as understanding what she signed, she doesn't know what season we are in, so I do not believe she understands the meaning of the document when she signed this. It was done in 2012, she was diagnosed with dementia earlier than that. I know her doctor would state that she has dementia, but with HIPPA laws I am not sure I can get her medical records.
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Was your mother coerced to sign it, Cathy? Was she able to understand the meaning of the document at the time she signed it? Was it recent? How does she feel about it now?

Has mother ever had a doctor state that she is incompetent to make decisions in her own behalf?
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My brother had a Power of Attorney papers written up after my mother was diagnosed with dementia. This is to exercise any powers to property, take possession of her home. To deal with transfer of mortgage and other property. To create, amend, supplement and terminate any trust and to instruct any trustee he is beneficiary. Is this a legal binding document? There is incompetency issue at state here. Is there a way to contest this? This can't be a legal binding document? The attorney was my brother friend from church? We live in Utah? What are the laws pertaining to this in Utah?
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There is an important aspect of the POA to keep in mind: the simple diagnosis of Alzheimer's/dementia does not invalidate the POA. In most states, as long as your father was cognizant and aware of his actions at the time of signing, it is a valid document.

In many situations, adult children do not appreciate what other options are available for end of life care. They think the choices are between doing nothing and going all out (ICU, life support, etc.). Hospice, however, is a fantastic alternative that will make sure your father is comfortable and treated with dignity and respect.
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Depending upon your father's current condition, you may or may not have time to attempt to obtain a guardianship or conservatorship - the process generally takes up to 6 months or even longer. You mentioned that he is in ICU but I wasn't quite sure if he was on life support or not.
You can challenge the POA (is this a durable power of attorney for health care and does it include a durable power of attorney for finances, as well) by use of an attorney IF there was a written diagnosis of Alzheimer's disease or other dementia prior to the appointment of the POA. Either way, call your local area agency on aging and ask to speak to their elderlaw attorney. They can usually set you up with a free telephone consult. Make sure that ANY attorney you consult has a specialty in elder law.
You may want to consider having the social worker, an outside geriatric care manager or a family mediator sit down with your family and discuss the alternatives.
I'm so sorry that you're going through this and I pray for the best for your father.

Shelley
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