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My mother was living with me since she had dementia and could not live by herself. My sister printed off a DPOA form without my knowledge and had my mother sign it. My mother was incompetent mentally to sign any form like that. She didn't even know who my sister was at that time. How can I have that DPOA thrown out and get DPOA myself as I am still the only advocate my mother has. My sister moved my mother to Indiana, by her, away from me, her sisters and all her relatives. My sister is gone 6 months out of the year so my mother has no one watching over her. My mother was very active, but always pleasant, so they have used drugs as a chemical restraint and now she is so drugs up that she is in a wheel chair and cannot even stand. I need to get her back home as I do not want her to die alone and the nursing home here will take her, but I need my sisters permission, which she will not fill out the forms to move her. So I need to get DPOA from her so I can properly care for my mother. Can I prove her DPOA is illegal as my mother did not have the mental capacity to sign it and know what she was signing at the time?

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La, I agree with the other writers above, if your Mother cannot understand what is in a legal document, then it would be impossible for her to select you to be her new Power of Attorney, and remove your sister.

Depending on what State you live in, your sister may or may not have needed to have the POA notarized. If no Notary was needed, then the State would require a Witness, but the Witness cannot be the person who will act as your Mother's Agent as per the POA. If the State requires a Notary, I doubt any Notary would have found your Mother able to sign legally if Mom has serious memory issues. I know, it all quite complicated.

Is your Mother using Medicaid to help pay for her care? If yes, you need to make sure the nursing home in your area will accept Medicaid.

When it comes to dementia, a person never gets better, they only get worse. If you feel your Mom is "drugged" it could be because of the stage of her dementia. And for now being in a wheelchair, it is not unusual for a dementia patient to forget how to walk.

I hope everything works out best for your Mom's sake. Try to work as a team with the rest of the family pitching in.
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IN California POA must be notarized. Are you sure it's valid?
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You are right: if you claim that your sister's DPOA is invalid on the grounds that your mother lacks the mental capacity to create it, you obviously cannot then turn round and assert that your mother is absolutely fine when it comes to creating the same authority for you. So guardianship would be the only way. But in any case, even if money were no object, you might still struggle to get it. How did it come about that your sister was able to move your mother away? - didn't anyone oppose this at the time?

What is your sister's objection to your moving your mother from her current residence to the nursing home near you and the rest of the family?
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I think I can prove she had dementia before my mother signed the DPOA from two different doctors. I can also get many relatives to swear to it.  So do you think that is enough to get them to discredit my sisters DPOA. I can also prove that my sister is negligent at watching the care she is getting in the nursing home as I have been the one every time to change things for the better for my mother. My sister has been wrong every time. I go around her to the doctor to get things done and it has helped my mother every time. But that still won't get me DPOA will it?  Do you think guardianship is the only way?  I don't think I can afford that.  I am trying to move my mother back to her home town where I live.
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You cannot get DPOA from your sister. Only your mother can grant the DPOA. You can go to court and seek guardianship of your mother, but you would need to start in the state that she is located in. Guardianship is a long and expensive process, and if your mother is on Medicaid, you will need to get her qualified again in your state. You could consult an attorney and see if the DPOA can be challenged in court, but you would still need guardianship at that point if your mother is incompetent. Unfortunately, unless a court has judged your parent to be incompetent, she had the right to sign paperwork for your sister. Unethical, perhaps. Not necessarily illegal if she had not been judged by at least 2 doctors to be incompetent. Sorry for your difficulties - seek legal custody if you have the financial resources. APS in another state will likely only result in the guardianship being placed with someone in the state she resides in, not yours.
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