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

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One of my brothers convinced my mother to assign him Durable Power of Attorney in her Will ten years ago, prior to her developing dementia and the early stages of Alzheimer. During this time period he has only superficially been involved in the actual care of my mother, but has allowed another brother to move in and supposedly assist with the care while paying a specific amount of rent set by my mother. This brother has failed in paying his rent and purposely lowered or not paid the amount he was supposed to be paying. As my mother developed dementia he could not care for her, and my mother had removed him from her accounts because she did not any longer trust him. I was called in to help and my mother was languishing under his care. I began the process of care unaware of my other brothers durable power of attorney and that a Will had even been written. I helped my mother with her health care, financial dealings and was assigned as a signatory for my mothers accounts and as her representative in all health care decisions and her representative payee with her pension. It was only after this was obtained that it come to my attention my brother was her DPOA because he had been involved. While investigating her finances to find out how she had been spending her money and to understand how I could best help her I discovered my brother who was the DPOA had taken out loans from my mother and had allowed another brother to take out loans. It is unclear whether all the money was ever repaid and the brother who was supposed to be paying rent all but moved in on mom, beyond the basement apartment he was renting and was observed demanding money from her and there was little evidence he had been paying her rent at all. Whereas he was observed giving her rent money less than the amount he was supposed to, then demand money back for gas. This was brought to the attention of the DPOA who has refused to act on it. I filed for guardianship and conservatorship and have been awarded this temporarily until the full hearing but this has been delayed and extended numerous times because my brothers have been fighting me because they want control of her finances. My questions are quite simply this: Does a court ordered conservatorship and guardianship trump my brothers durable power of attorney? And, now that my mother has dementia, but not totally considered incapacitated still have the power to revoke his durable power of attorney?
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Firefly and 3boys: Yes she can revoke it and you need to obtain full guardianship which allows you to protect the person and the property. This is done be petitioning the court for a guardianship. See a lawyer ASAP, it takes several months to complete the process.
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Can a family member revoke another family member being POA and take over as DPA. The person who gave POA has now become incompetent.
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Can I be your power of attorney over my dad can my brother the conservative over my dad
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Ernie that's a sad story, my heart goes out to you! You still care about him despite everything being so unreasonable...but seriously, it would make sense to get an eldercare attorney and make sure it is not possible for you to be considered liable for the loan at all, as it could depend on laws in both states. Ladyvette, you may need a lawyer too...in the medical world once someone has POA and permission to get medical records, it is normally for all records past and current, and my guess is someone is either hiding something or misinterpreting the law - if you are now entitled to manage the account, I can't understand why you cannot get any information as far back as available on it.
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my husband is 80 poor health, i am 68 good health, retired r.n. we have 2 homes detroit and inskster. he left and went to detroit where his grown children live because i took away some of his vitamims, he is non-compliant to the doctors and me. he can barely walk due to disease of his legs and is now living alone. he also has uncontrol blood pressure, heart condition. his family is using him i cannot get him to come back home i am afraid of his daughter who threatens me a lot. I recieve a letter in the mail where he has taken out a $32,000.00 loan from the credit union for what i do not know. it is sign a single man but he is married to me. his family is taking advantage of him, he still tries to drive. an accident can cause serious financially trouble for both of us. he goes to sleep at the wheel, he goes to sleep with food in his mouth yet he is living alone until one of them need something he will do it. when he is with me they know not to ask anything. last time i went to check-up on him they changed the locks on the door. i am afraid he will die in that house all alone. what can i do he needs me
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I have Financial, Medical and Mental Power of Attorney for a friend of mine who has been seriously ill for over a year. She has also not worked in over a year and is currently in hospice. I want to contact all of her creditors and let the know her status so they can close her accounts. But, I am unsure if I should do so. While she does have some money, she does not have enough to pay all of her previous credit cards and utilities. I just want to pay her current medical bills as she needs those. Am I obligated to attempt to pay her non-medical creditors also? Should I send her non-medical creditors a notice regarding her current medical and unemployment status?
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I do not have POA for my mother. She is 92 and has dementia. She is rapidly declining. The attorney wanted me to go through the courts and obtain Conservatorship or Gaurdinship. I know how this works due to working in a financial institution. Everything has to go through the courts. I,personally, will not complete. I know how difficult it can be. I take care of all my mothers financial and medical care. I have 2 sister. I have already told them, if they want control, Mom must move in with them. For my one sister that would mean moving her out of state and starting all over for her senior day care, Medicare, CNA, Medical, new doctors, and taking time out of work when necessary. She is not willing to do all the work. My other sister lives about 10 min away. Her only answer is to put her in a nursing home. I advised her we can do that if she is willing to pay for it otherwise, I have control and no questions. I know as long as we have POA and file, and for our company a Certifcate of Attroney in Fact has to be updated every 6 mths, financial transaction, address changes, fund transfers can be completed as long as it is received in writing. It is true that it can be revoked if you have family members that are more concerned about their pockets than your Mom. Each case is diffrent. I know for me I had as it down and recorded it, so that there were no problems later. Unfortunatly, at times like this, the elderly are thought of as money and not people. I am extremely, maybe over cautious when dealing with family member and do report anything and everything when I feel the elderly are being taken advantage of, or that some type of fraud is involved.
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Have durable P.OA. And have been taking care of mother. I have been living with her and been responsible for her and house. Siblings are now trying to terminate my P.O.A. for their joint guardianship. There is little money and house is on market for $220,000. They don't help with her care or house. Is there anything I can do? Bart
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i need to get health care power of attorney on my mother i already have power of attorney over her finances. what do i need to do to get health care dpoa because she can no long care for her self and need care 24 hours a day.
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