I was under the assumption that the POA travels with the elder parent as they would be cared for and decisions would be made for by the adult child in the proximity of the parents?
Your mom, if she has the legal mental and physical capacity, would need to create a new PoA document naming you. If she doesn't meet the standard for capacity (usually assessed in a private interview conducted by the elder law attorney) then your best and most logical option is for you to work with and cooperate with your sister as she makes decisions in your mom's best interests. After this there is legal guardianship of your mom through the courts.
Your assumptions are wrong and one of the worst things is someone "assuming" what a POA is, and not understanding their duties and obligations completely. Never take on a POA without understanding it completely. Nor the care of a person who has a POA and will not discuss care plans with you. Sit with the sibling who has POA and decide what is now to be done re POA. I am assuming sibling is still alive. I am also assuming that your Mother, who appointed the sibling POA, is alive but unable to change the POA due to deteriorating/ed mentation? A POA is conferred by a person on the person they feel best able to act FOR them as they direct them to act, and to act FOR them in their best interest when they are unable to act for themselves. The POA is not changed except by a MENTALLY CAPABLE adult who originally conferred it. There may be a "second" appointed to take over if the original POA resigns. You and your sibling should read the document. Then, if that sibling WISHES to resign POA you can take over if you are the second listed. This means you take on all the work. You are accountable for every penny into any accounts, for directing the accounts for acting only in best interests of the parent, to pay all bills, to account for every penny out of the accounts. Your record keeping skills and files must be complete. This is a LEGAL fiduciary duty. It would be easier for you to receive pay by a contract for caring for this parent now by your sibling remaining POA. If you make a care contract that is considered to enrich you you could be accused of self-enrichment. The POA is a LEGAL FIDUCIARY position. You need to understand it whether you ARE it or you are not. I suggest you read up on being a POA, or see an elder law attorney and explain you entire case. Hopefully you and sibling get along and can do this together. Or your parent is legally able to appoint you if she wishes to, and to withdraw your sister's POA. You don't ell us crucial information in your case, whether your parent is competent to make and withdraw POA. Whether your sibling is doing his or her duty correctly all this time he or she has been in charge, keeping files and documentation, whether you wish to be reimbursed for care, etc. Discuss all this with an elder law attorney. Before you even do that, given you will be paying about 350.00 an hour, do collect all the knowledge you can on the internet on your own. That will be a help. Wishing you good luck.
Alva, well said, and a very good explanation. Please save what you wrote and use it in the future whenever someone needs clarification, as it's been clear that many really don't understand the function of representing someone else pursuant to legal documents.
Sit with the sibling who has POA and decide what is now to be done re POA. I am assuming sibling is still alive. I am also assuming that your Mother, who appointed the sibling POA, is alive but unable to change the POA due to deteriorating/ed mentation?
A POA is conferred by a person on the person they feel best able to act FOR them as they direct them to act, and to act FOR them in their best interest when they are unable to act for themselves. The POA is not changed except by a MENTALLY CAPABLE adult who originally conferred it. There may be a "second" appointed to take over if the original POA resigns. You and your sibling should read the document. Then, if that sibling WISHES to resign POA you can take over if you are the second listed. This means you take on all the work. You are accountable for every penny into any accounts, for directing the accounts for acting only in best interests of the parent, to pay all bills, to account for every penny out of the accounts. Your record keeping skills and files must be complete. This is a LEGAL fiduciary duty.
It would be easier for you to receive pay by a contract for caring for this parent now by your sibling remaining POA. If you make a care contract that is considered to enrich you you could be accused of self-enrichment.
The POA is a LEGAL FIDUCIARY position. You need to understand it whether you ARE it or you are not. I suggest you read up on being a POA, or see an elder law attorney and explain you entire case.
Hopefully you and sibling get along and can do this together. Or your parent is legally able to appoint you if she wishes to, and to withdraw your sister's POA.
You don't ell us crucial information in your case, whether your parent is competent to make and withdraw POA. Whether your sibling is doing his or her duty correctly all this time he or she has been in charge, keeping files and documentation, whether you wish to be reimbursed for care, etc.
Discuss all this with an elder law attorney. Before you even do that, given you will be paying about 350.00 an hour, do collect all the knowledge you can on the internet on your own. That will be a help.
Wishing you good luck.