My mother is revoking my brother from being POA since they lied to her about a lot of things and tricked her to having him be POA. My mother is going to have my father and I take over. She is in a nursing home and has early signs of dementia. I want to care for her full time. How soon can I take her out of the nursing home. She was just recently put in there.
You should be able to get Mom discharged shortly after the new POA goes into effect. It may not be that day because you need to allow the NH to do their thing. If you paid for the month, don't expect a refund. NHs are residences and work like anything else considered a residence. You can ask, but don't be. Surprised if your told no.
Good Luck and update us on how it works out. We learn from others experiences.
Before you take mom to your house for care, check out what modifications you’ll need to make to keep her safe. Grab bars, toilet height, ramps if she can’t climb stairs. Transfers in and out of bed, car, bus, chairs, and the right kind of wheelchair too. Hoyer lift and how to operate it. Hospital bed for ease in raising and lowering her to change her diapers. A walker or rollator if needed. Where will you store the used Depends until garbage day? Are your doorways wide enough for wheelchair access to bathroom? Shower?
If caring for her at home becomes too exhausting for you, be sure that you can “put” mom back in a decent nursing home where she’ll again have a 24/7 team to help her.
Please keep in touch. I wish you well and am interested in how this will play out.
Secondly the ATTORNEY will help you with your question, as will the admin at the facility.
You say that your mother has "some dementia". People with dementia CAN make a POA IF THEY FULLY can explain to an attorney that they fully understand what they are doing, you they are taking POA from, and why. BUT THIS MUST NOW BE DONE BY AN ATTORNEY. One will visit her facility with you or you can take her on an outing to said attorney.
IF you attempt this without an attorney the following will happen. Brother will take you to court to say that you pulled some piece of paper offline and forced a DEMENTED WOMAN TO SIGN IT and are kidnapping her from the care she needs and deserves because you are money grubbing whatevers and so on. He is very likely to win because you mother gave him, willingly, when she was NOT demented POA.
So, first step. Off you go to see an attorney to discuss this complicated case.
You are looking at close to three grand here.
If you are accepting of giving care, likely to TWO parents on a downward trajectory, and are fully capable of it, fully understand the fiduciary rights, obligations of Power of Attorney for your state, how to keep the records and etc, then you MAY accomplish this.
But this won't be easy.
Wish you good luck if this is in the interest of all. Hope you will update us. BUT I caution you, your mother was put in care for a GOOD REASON. Consider it carefully or you are walking into a crucible that could go on for many years.
I am only familiar with NYS regulations. If your mother hasn't been deemed incompetent and can change the POA with an attorney then the brothers POA shouldn't have been in effect. Your mother could have been her own advocate and been discharged with evidence that she had sufficient at home care. The nursing home can't prevent a competent and non medical nessesity discharge without major evidence that it is an unsafe discharge.
Therefore, when you present evidence that your father and you are POA then an immediate discharge plan should go into effect.