My wife and I agreed to go into an assisted living facility. My wife has Parkinson’s and mild dementia. I am normal, what ever that may mean. I entered the facility to be with my wife.
The family pushed the idea and they thought I needed help in caring for her. Later, in a text, they admitted that it was also because they needed a break. Though their participation in her care was minimal.
My understanding is that her daughter has POA. Neither of us wants her to be the POA. We filled out the “five wishes” assuming that which we declared in it would be above any other document.
The facility here says that this is not the case and that she maintains the POA.
My question is twofold.
One, how can we remove her from POA?
Two, As I am not disabled and am here as I said because I wished to be with my wife and not just visit, could I not be assigned her POA. (Though I am not sure, I believe she (her daughter) is my POA as well. Again, this is NOT what I wish.)
What, if any is our recourse?
Thank you in advance for any aid.
even if she is your POA, she doesn’t have control over you. That’s not what a POA document gives. It doesn’t give control over someone. You are free to leave the facility. As far as your wife, she may be unable to revoke a POA and assign a new one. Do you realize that this isn’t just about what you want? It’s about what’s best for your wife. AL may be what is best for her right now. And again you should be free to leave. A POA doesn’t have control over you. They can’t force you to stay in The facility.
There are two types of POAs. One is immediate meaning the POA starts at the time its signed. The other is "springing" which means it only takes effect when ur wife is incompetent.
You can become ur wifes POA but I would have her assign a secondary if something happens to you.