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My mother is Conservator over my father. My mother fell for a sweetheart scam. After my father was placed into a nursing home, a younger gentleman swooped in. He has taken all jewelry, got her to take out a loan for him, etc... She has conservatorship over my father. My brother and I want that removed and one of us to be my dad's conservator. If she signs over Power of Attorney to one of us, does that automatically allow us to be my dad's conservator? Or do we have to go to court for conservatorship? At a loss right now and are blown away with all that has happened. Any information will be of great help.

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I don't know, CM. Maybe in addition to seeing an elder law attorney it would be good to alert APS that a vulnerable adult is being taken advantage of. Of course if Mom claims she is happily making her own decisions without pressure their hands might be tied. I don't know. But I think I might start with that.
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Jeanne, might there be any way of warning off the lowlife con artist?
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I am so sorry you are in this situation!

No, Mother cannot sign Dad's POA over to you. Only Dad or a court can appoint his POA.

And No, even if Dad signs POA over to you that would not make you his conservator. That is a court decision.

Unless they are officially deemed incompetent, adults are allowed to make their own decisions -- even very bad decisions.

A court appearance seems to be in your future.

I suggest consulting an attorney who specializes in elder law.
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Letting him walk off with her *jewellery* - now that is above and beyond. However smitten a woman might be, that's a bit like asking for her right leg, don't you think? Do you not have suspicions about her mental competence, even setting aside the emotional fireworks she's going through?
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It kind of sounds as though you might want to apply for guardianship of your vulnerable mother while you're at it. I'm sorry I can't help, but I know others will be able to. Take heart, there will be steps you can take. When did you and your brother become aware of what was going on?
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