Mom checked into a locked memory care July 2023 . In December my sister got her to change the power of attorney. is it worth trying to fight it?

It all depends on the dementia. My Dad was living in Memory Care because of his "sundowning" but during the day he was fairly sharp. It was in the later afternoon that he would climb into his "time machine" and go back to the 1940's, and later at night try to leave the facility thinking his "business meeting was over and it was time to catch the last bus home".


But, in my Dad's case, he could sign legal documents during the morning time frame. He was able to read, understand, and sign a Contract on the sale of his home. Asking the right questions, etc. I went to the closing of the house as Dad's Power of Attorney, because it was scheduled later in the afternoon, and I knew Dad wouldn't understand what was going on.

I agree this should be an easy open shut case with threat of jail for forgery etc

If mom was diagnosed with dementia. If she was taken / admitted into a locked Memory Care facility she no longer has the capacity to change any legal documents.
This is something that I would fight. For the legality of it alone. No Attorney should have allowed this. (The Judge might have some interesting words for that attorney)

And technically did mom sign the documents at the MC facility? If she did that is probably not legal either as that is a contract and she is not capable of entering into a contract.

If this is worth it to you to fight this you will probably "win"
Now all that said. a few questions
Is your sister trying to abuse mom financially? If yes then this is worth a fight as well as reporting to Elder Abuse hotline #

Is there an estate worth "fighting" for? If yes and you think sister is going to abuse her "power" then fight this.

Is your sister doing what you would do as far as making decisions IN MOM"S BEST INTEREST? If no then fight this.

Legally your Mother can not change POA because she has Dementia and can not Make legal decisions . If you are in the same state you have some recourse . Lawyers charge a lot of Money usually $5000 Up front . I dont Know where you are - you could get a free consultation . I Found Most Lawyers either do Trusts and estate Planning or Neglect at a Nursing home Like Personal Injury . Not Many deal with elder abuse . I spoke with an Attorney at Harvard law school and she said " Karen is it really worth It ? " I got the message . Already enough stress and aggravation placed upon me.