Yes, the POA is valid unless your mom has been declared incompetent by the court.
It's usually a better idea to have the adult children be designated POA. Elderly parents shouldn't be POA for eachother. That defeats the purpose of having a POA. If your dad becomes ill or unable to make decisions on his own then your mom, whom you say is mentally ill, would be his POA. And while your mom is still able to be POA what if she herself were sick with pneumonia or dementia? Would she then be in a position to be making decisions regarding your father's care and finances?
Have the POA revoked and the job taken on my an adult child.
Yes, a mental diagnosis does not render the person incompetent, unless they have been deemed so by the court with professional recommendations. Just because those of us with a mental diagnosis have a diagnosis, does not make us any less of a person.
This is why many people don't seek out psychiatrists--i.e., there is still a stigma attached to 'a mental diagnosis'.
Perhaps with your mother's permission, you could speak with her psychiatrist to ask if she is competent to be POA for your father. Medication if taken properly along with counseling can make some people with 'a mental diagnosis' better than those who don't seek counseling. At least she knew she needed help.
I agree 100% with Littledog... I have a diagnosis of bipolar. My brother smokes weed and is stoned and steals from my mom BUT is not diagnosed with a mental illness. I takk my meds, see my doctors, get the proper sleep and eat responsibly. I was wondering which person between the two of us should be mom's POA???
There are many "mental diagnosis" that would not impair a person's ability to be POA. Ask your dad why he put his wife as POA. Maybe he does not trust his children with this, which is sad but might be his wish. If his wife is not competent, and he does not trust an adult child, there are private individuals/agencies that can act as conservators. If he has significant funds, consulting with an elder attorney would be the next step. If he is living month to month, maybe not such a issue. (sorry if I did not get all the terminology correct, I am not a legal expert).
It's usually a better idea to have the adult children be designated POA. Elderly parents shouldn't be POA for eachother. That defeats the purpose of having a POA. If your dad becomes ill or unable to make decisions on his own then your mom, whom you say is mentally ill, would be his POA. And while your mom is still able to be POA what if she herself were sick with pneumonia or dementia? Would she then be in a position to be making decisions regarding your father's care and finances?
Have the POA revoked and the job taken on my an adult child.
Perhaps with your mother's permission, you could speak with her psychiatrist to ask if she is competent to be POA for your father. Medication if taken properly along with counseling can make some people with 'a mental diagnosis' better than those who don't seek counseling. At least she knew she needed help.
I have a diagnosis of bipolar. My brother smokes weed and is stoned and steals from my mom BUT is not diagnosed with a mental illness. I takk my meds, see my doctors, get the proper sleep and eat responsibly. I was wondering which person between the two of us should be mom's POA???