I would advise you to contact an attorney. As mentioned, read the POA thoroughly. You need to know what your responsibilities are being a POA. Did you / Discuss the situation with the facility your aunt is in. They will know the legal requirements they must abide by.
Power of Attorney documents vary, so read this good article and then check yours. https://www.floridabar.org/public/consumer/pamphlet13/
In addition, a POA is not the same as a guardianship (which is obtained via a court of law). In a guardianship the guardian can make pretty much all the decisions. With a POA, only certain decisions are yielded - and the person who created the POA has the option to make his or her own decisions. For example, I have a POA, but I am completely capable of making my own decisions - so my decisions cannot be usurped by the person I named in my POA.
So: (1) With the POA, nobody can legally overrule the decision of your aunt. (2) A lot will depend on who the assisted living facility views as the legitimate decision maker in the absence of a clear decision of your aunt - and I am betting it is you.
p.s. I am not an attorney, but I have spent years dealing with a care facility and legal matters.
If the person was POA living care, and her daughter want to take her out there, the power of attorney refers to a type of legal documents an individual can make in order to safeguard against the possibility of not being able to make their own decisions in the future. Matilda
This doesn't address her question about POA responsibilities. I do not believe (or know of) such a document named legal guardianship. Please clarify your response. As an aside, if the daughter wants to move her mother, it would appear that this person would not be able to seek legal guardianship, unless it is legally allowed in / through a POA. If it is, it likely isn't needed - right?
Tell your cousin that it is healthiest for everyone if your aunt stays in the new home which (most likely) she chose for herself. Welcome and thank your cousin for visits and even outings as long as that is appropriate in your specific situation.
My guess is that after a long outing her daughter will be relieved to return your aunt to the AL and get back to her own, unencumbered life.
Maybe getting a quick break from the stale AL environment and spending quality time with her daughter will do your aunt good. Her mind may be impaired, but it is probably also as good as it will ever be. Since she’s not in memory care — why don’t you ask her what she wants instead of asking us?
Have deep conversations with your aunt in her best capacity so you will know what she also wants for future scenarios.
Don’t prohibit such opportunities or she will lose them (unless there is some perceived danger, and in that case, make sure any field trips are supervised by you or some designated representative.)
In my personal situation there was a history of elder physical abuse by my sibling. Visits and outings were still allowed and supervised - but only when Mom wanted them.
When my mom entered her AL I was asked to list who had permission to take her out. I would assume your POA is in effect if you are dealing with Moms finances. So you tell the Administrator or Nurse that Aunts daughter is allowed to visit but she has no authorization to take Mom out of the building. If your cousin becomes demanding and/or upsets your Aunt while visiting you can ban your cousin. For whatever the reason, your Aunt assigned u POA. You abide by her wishes and keep her safe. She should have no agitation and if cousin agitates her, she loses the right to visit.
Guardianship is very expensive. And I think a Judge may take into consideration that a niece was assigned POA over a child.
I think that needs to be put in a POA, if a child or spouse is not assigned then should be something like "I assign my niece/nephew/friend as POA because I trust, unlike my children, to carry out my wishes and handle my finances in good faith"
Are you currently using the POA? Is it in effect? Are you on her papers as her contact, her POA. At the facility and with her doctor? Are you paying her bills and handling things? Because if your POA is in effect, no the daughter cannot intervene unless she gets guardianship. You may consider moving to beat her to the punch. Your Aunt's designating you her POA would go a long way to protect her. I would see an elder law attorney for options, and do know that the POA pays for this. Warn the facility that you must be called at once, or that the police should be notified if daughter attempts to get Aunt to leave the facility. I am so sorry you're going through this.
As mentioned, read the POA thoroughly. You need to know what your responsibilities are being a POA.
Did you / Discuss the situation with the facility your aunt is in. They will know the legal requirements they must abide by.
https://www.floridabar.org/public/consumer/pamphlet13/
In addition, a POA is not the same as a guardianship (which is obtained via a court of law). In a guardianship the guardian can make pretty much all the decisions. With a POA, only certain decisions are yielded - and the person who created the POA has the option to make his or her own decisions. For example, I have a POA, but I am completely capable of making my own decisions - so my decisions cannot be usurped by the person I named in my POA.
So:
(1) With the POA, nobody can legally overrule the decision of your aunt.
(2) A lot will depend on who the assisted living facility views as the legitimate decision maker in the absence of a clear decision of your aunt - and I am betting it is you.
p.s. I am not an attorney, but I have spent years dealing with a care facility and legal matters.
Anyone signing a POA must learn / know what their responsibilities are.
However, hopefully her POA was drawn up by an attorney.
Matilda
I do not believe (or know of) such a document named legal guardianship. Please clarify your response.
As an aside, if the daughter wants to move her mother, it would appear that this person would not be able to seek legal guardianship, unless it is legally allowed in / through a POA. If it is, it likely isn't needed - right?
Do you know if the legal document is the same in all states?
My guess is that after a long outing her daughter will be relieved to return your aunt to the AL and get back to her own, unencumbered life.
Maybe getting a quick break from the stale AL environment and spending quality time with her daughter will do your aunt good. Her mind may be impaired, but it is probably also as good as it will ever be. Since she’s not in memory care — why don’t you ask her what she wants instead of asking us?
Have deep conversations with your aunt in her best capacity so you will know what she also wants for future scenarios.
Don’t prohibit such opportunities or she will lose them (unless there is some perceived danger, and in that case, make sure any field trips are supervised by you or some designated representative.)
In my personal situation there was a history of elder physical abuse by my sibling. Visits and outings were still allowed and supervised - but only when Mom wanted them.
Guardianship is very expensive. And I think a Judge may take into consideration that a niece was assigned POA over a child.
I think that needs to be put in a POA, if a child or spouse is not assigned then should be something like "I assign my niece/nephew/friend as POA because I trust, unlike my children, to carry out my wishes and handle my finances in good faith"
Warn the facility that you must be called at once, or that the police should be notified if daughter attempts to get Aunt to leave the facility.
I am so sorry you're going through this.