Follow
Share

I only know my mom was put into a Nursing home against her will and social workers were involved. I want to know if this was done legally and if there is anything in a public record that would show this. I have been banned from the facility because of the nasty POA's. They are just waiting for her to die, so they can inherit her money. I don't care about the money. I care about my mom. I cannot afford an attorney.

This question has been closed for answers. Ask a New Question.
This is a very sad story indeed!

I think that you are going to need to revise your goal. Instead of trying to get POA, aim for getting visiting rights, even if it has to be a supervised visit. Start with the ombudsman. Don't ask him or her to get involved in the family feud, just ask for help in being able to visit your mother. When you do get to see her, don't talk about your siblings, don't talk about disturbing topics, just show her your love. Talk about memories from your childhood. Avoid having her be upset.

If mom is in a dementia unit it is highly likely that she is no longer competent to revoke the current POA and reassign it to you. The other option is guardianship. Since your siblings would fight you on that, what would most likely happen is the appointment of a third party to be the guardian.

Hard as it is to even think about this, I suggest you focus on just being able to see your mother on a regular basis. Give up the struggle to have control.
Helpful Answer (0)
Report

If there's no record I would assume the guardianship didn't happen..

How or what will you help Mom with if you regain POA?
Helpful Answer (0)
Report

The information can only be disclosed in court as part of a Guardianship hearing. No other way.
Helpful Answer (1)
Report

Would an attorney be able to find out this information regarding competency? I cannot go any further in trying to help my mom, unless I can find that answer. If I can regain POA, there is hope for helping her. I don't and I will never speak to the current crazy POAs. The County Clerk's Office has no records to speak of regarding incompetency/guardianship.
Helpful Answer (0)
Report

If there had been a Guardian hearing, you would have received a legal notice of the show cause hearing. I'll guess that did not happen.
If two MD's--psychiatric or neurologic--declared her incompetent, you would not know that under HIPAA privacy laws. Only the Medical POA would have access to that.
If you want to see mom, ask for supervised visitation. This protects you from delusional reports by your mother. Ask to see the Ombudsman.
Helpful Answer (2)
Report

Contact the Bar Association they may have an attorney that would do pro bono work. Most attorneys will do a free half hour consultation. See if you can get access to probate court records. If social workers were involved I would be surprised if anything done was illegal. It is not at all uncommon for POA to have the decision making power of determining suitable living situation.
Helpful Answer (1)
Report

This question has been closed for answers. Ask a New Question.