FyreFly Asked July 2010

What are the legal issues surrounding a Durable Power of Attorney (DPOA) vs. a conservatorship?

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If I already have a DPOA, is a conservatorship even necessary? Mom has Alzheimer's/dementia memory problems which are affecting her mental state. She agreed to sign a DPOA with me as her agent back in March, and I assisted her in setting up and monitoring her bills.

Due to circumstances that are explained in more detail in my profile, I believe that my mom needs to be under a doctor's care. I cannot get her to see a doctor (for any reason) - but I feel she is no longer competent to manage her own finances - I want to step in and help, but by doing so, I know she will be convinced that I am "stealing" her money. I've set it up twice now, and both times, she's gotten paranoid and closed her billpay account. Now, her creditors are calling me with her bills two months past-due.

My question is, with a Durable Power of Attorney currently in force, can I step in and take over her bills even if she doesn't want me to? How do I prove that she's incapable of making this decision anymore - should I go to court, to a doctor, or what?

~FyreFly

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Patty4Money Dec 2016
I found out my cousin is going through dementia, it was kinda hard to get conservator but totally worth it. I have spent 65,000 dollars out of his money so far. Only problem I am having is his family is started to catch on that they are no longer in the will. We have a court date, but my question is can his family revoke my conservator or no because they haven't been around to take care of him the past year. I literally moved in with him and everything so I could have a nice place to stay while I take care of him. Also, should I purchase more things just in case, I hate to miss out on that will
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Shelly, just make a conference call. If your phone isn't enabled, contact your service provider and see if there's another way you can use your phone for a conference call. I do that with the VA, Medicare, family and friends. Saves a lot of time and driving.
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I have a sister who has a brain injury and seems lucid but is unable to pay bills, or care for herself. I currently am signed on her checking account so I can pay her bills. But because she doesn't live with me, if I need to contact Social Security, etc... I need to drive to where she lives and make the call with her so they will talk to me on her behalf. I'm sure which is better, a DPOA or conservatorship. I may have to have her placed in a board and care.
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Hal108 May 2016
I'll pray for all on this site.Ive done alot of that lately.Our lawmakers needs to address this problem considering the baby boomers are elderly.
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Hal108 May 2016
Im a ex husband.My ex wife has a fiancee and we are trying to get a Durable POA revoked from a sister that is misusing funds and elderly abuse like taking her phone wanting money to give it back.Her boyfriend tried to extort 2000.00 from both of us.My ex has told them too many times to count that she wants a revocation of the POA.It was done while ex was in a rehab under meds and confused.They told her it was a release form.I know my exs signature considering we married in 1973 and her last name is not spelled with a R.These are street drug addicts one is on a med to help her stop the boyfriend is a drunk drug addict never worked a job he is in his late 40s.They called my house with threatning calls 1am to 3 am.No one but her boyfriend and myself cares.Ive called everyone they tell me the same thing tell her to revike well sounds easy but she is locked up in house.
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cklowrey May 2016
How do you step in without a fight I am power of my mother's finances and health. My brother is always taking from her. How do I get it to stop?
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vstefans Apr 2016
@BBTroubled - Two options come to mind: Eldercare lawyer to help you get a guardianship if her cognitive impairment is severe enough (bear in mind she will be able to contest this), or Adult Protective Services if the living conditions are bad enough to be an imminent threat.
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BBTroubled Apr 2016
My Mom eloped at 79 and had already had a stroke. She gave me POA a few years ago. That POA states that I have POA over her Health and Financial affairs. She has dementia and has been scammed many times. I have been handling her financial affairs now for about a year. I take her to all of her Doctor appointments. She has arthritis and can barely walk. The Doctors have told her to stay off her leg because fluid is pooling in her right leg and she is at risk at loosing it. Her dementia is so bad that she is not allowed to turn the stove on. She will not listen. She is 87. Her husband is 90. She says he is taking good care of her. He is not. He lets her do what she wants. Their trailer home is a fire hazard and is full of mold. I need to do what the Doctor says and get her out of there, either to my home or to a nursing facility. I get no cooperating from her husband's family. I live in the State of MS. She is in the County of Itawamba. I live in the County of Monroe. I am an hour away. I take her to all of her Doctor appointments. Her husband has never met her doctors. I can not protect her from this distance. What am I legally able to do?
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pamstegma Mar 2014
The court order trumps all preceding actions. Once the Judge appoints a guardian or conservator, only the judge can remove them. Once the judge says the ward is incompetent, any POA is void. You get to carry the cross and you have to send annual financial reports, detailed to the penny, to the Surrogate court. You go to all medical appointments and keep detailed records of that too. Bon Chance!
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vstefans Mar 2014
Well, your brothers certainly failed in their duties as POA and need to be removed. The POA itself may specify this. Good thing you have lawyered up. They probably don't want all they did to come to light, but it will have to, and yes the guardianship would trump the POA, and no, Mom would not or at least should not have the power to change the POA herself at this point. Will be praying for you, this sounds tough, but you sound tougher :-) and if you can let us know how it all works out that would be awesome.
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