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?
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.
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!
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?
@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.
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?
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.
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.
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.
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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