Only mom can change her POA, assuming she is competent to do so. If she is not, then you have to go for guardianship, but your sister can contest. Then there is a good chance of the judge appointing someone outside the family as guardian. Is these an urgent reason to challenge your sister? Much better to work together for Mom's welfare if you possibly can.
POA has to be assigned and Mom can't do that. What do you mean sister won't help? In her care? As POA she doesn't have to participate in her care. She is responsible for the finances. Making sure the bills are paid and if not physically involved, making sure those caring for Mom have enough money to do it. She is the one who will be involved with the doctors and nurses if Mom is hospitalized. She will also be responsible for signing papers and getting Mom LTC. But physically involved no. Her responsibility is to carry out Moms wishes.
If she is not fullfilling these tasks, then she shouldn't be POA. Guardianship is the only way to go from here. And Medicaid allows Moms money to be used for this. Hope sister doesn't think POA allows her to use Moms money for her personally, it doesn't. And at time of death, POA stops and Executor takes over if there is a will.
Thank you for your insight. I am concerned that my sister's intentions are not in our mothers best interest. ie: frivolous spending, and a lack of understanding of dementia. I was shocked to find that our Mom chose to list her solely as the poa, as I have a medical degree & have spent most of my life working in geriatrics. And my relationship with my Mom has always been a good one.
I don't think you can. All you can do now is get guardianship. If a court finds your mother is incapable of making her own decisions, they can appoint a guardian. However, since your mom has already chosen your sister as Power of Attorney, the court will give her preference when choosing a guardian. If she doesn't want the POA anymore or if she does not want to be a guardian, you might be appointed.
What is it that you need a power of attorney to do?
Thank you! I will be speaking with an attorney who works in elder law, and will now ask her about the process of guardianship! That is a wonderful idea. I simply want to make sure that Mom is well taken care of, and that I can rightfully do everything possible to make every day a good one for her.
What kind of help?
If she is not fullfilling these tasks, then she shouldn't be POA. Guardianship is the only way to go from here. And Medicaid allows Moms money to be used for this. Hope sister doesn't think POA allows her to use Moms money for her personally, it doesn't. And at time of death, POA stops and Executor takes over if there is a will.
What is it that you need a power of attorney to do?