My sister 10 years ago had talked my dad into cutting me from the will and she had undocumented POA which he gave my sister POA over my mother which was diagnosed paranoid schizophrenia 40+ years ago. I thought once my dad died the POA my sister had is no longer valid. This started after my dad died my mom called me and had wrecked her car which she should have not been driving. I went to the hospital to see her and she was concerned about her car. I called the wrecker company to see where they were located and I was going to have the car moved to the collision repair shop which I was the director. When my sister came in the room and ask mom where the car was I spoke up and told her it was handled and being towed to where I worked. Well she went ballistic and told me I had no rights to do anything for my mom. So from that point own my sister took mom in her home and I tried to talk to my mom about not allowing my sister to have POA over her. My sister stated I was abusing my mom and she would turn me in to Social Services. The next day I tried call my mom and my number had been blocked. She and I had words and I was told she already had POA for all of moms affairs. I check the register of deeds because in our county in order to have durable POA needs to be registered and it wasn't. This went on for several years and I demanded to see her POA which she declined and not to bother my mom which she had put in a facility. My mom had been showing signs of dementia plus her mental capacity would not allow her to give my sister POA unless she discussed this with me and my younger brother which she did not do. I went 1 Sunday afternoon to visit mom and as I was leaving out of the parking lot I seen my sister come driving in. I decided to go back and try to reason with my sister and ask her to unblock my number from moms cell. Lord she went crazy screaming and making a scene to get help because I was going to hurt my mom. I told her if she was a man I would punch her in the mouth. She poked her finger in my chest several times know I had heart surgery a year before. She took out a warrant for communicating a threat. I went up town told my side and the magistrate took papers on her for assault. We had a mediator to keep things before going to a judge which I did not want to do. The court ruled that we were not to talk to each other period. So this is my concerns she has sold my parents home all of their possessions also a knife collections I had given my father over the years worth about $8k and I ask what was going on and she wouldn't tell me anything. She moved my mom into a nasty facility so when I went to visit I would ask about my moms health and what type of medicine she was taking the lady from the administration office told me I wasn't privileged to that info. So I demanded to see the POAs and she went and brought them back for me to see but would not give me a copy. The POAs she had looked like a 5th grader had made them up and a good friend of hers notarized the bogus POAs which my mom being mentally incapable and dementia would have to go thru a chain of protocol with moms doctors and a attorney along with me and my brothers consent. I would like to see if someone can guide me to contest these invalid POAs and stop her from losing all that's left of moms money and what happened to all of moms things. Mom is still alive at 84 and really doesn't know whats going on and nobody try's to get her up and walk she is just laying in her bed waiting to die. I need to contest my sisters authority before mom leaves us or do I ? My sister also lost $25k of moms money in a Ponzi scheme which she swears she didn't but I have the court documents that states other wise. Please help with info that will not take a attorney. Thanks.
Warmly
Joe
This is why I think all POAs should be drawn up by a lawyer. So everything is done legally. That the witness is on the up and up. That its notarized. That the person being assigned is aware of it and needs to sign the paperwork acknowledging that. After...the lawyer explains what a POA can and can't do, signing paperwork saying they understand their responsibilities. Then, its filed with the County Clerk.
I would see a lawyer.
Siblings at war is very difficult on an elder when they are at their very most weak. Whether you like it or not your sister is in charge of affairs with your Mom and your Mom is incapable of changing that due to her disability at this time.
Feel free to follow up with APS. I suspect they will tell you that you are out of luck. At that point, in the interest of having a loving relationship with your Mom until her demise, I would suggest you attempt to either make up with Sis or to plead to see Mom and stay out of your sister's hair.
You have already been to court, and this is quite volatile. I think that if you both REALLY want to go to war you should understand that the State will eventually take all decisions regarding Mom completely away from you both and make her a ward of the state. At that time you won't really even have rights over where her placement is enough to have it be in your part of the state.
I am very sorry for all the trauma to you ALL, but this, Joe, isn't good for a man with a heart condition. You need to make a decent happy life for yourself. And this is dreadful for your Mom.
Although frankly I don't think you need to worry that your sister is living high off your mother's money, that nasty facility will be costing a lot of money every month and unless your parents were millionaires it will take everything there is to pay for it.