What can I do if my mom's nursing home refused my Power of Attorney? - AgingCare.com

What can I do if my mom's nursing home refused my Power of Attorney?


My mom's nursing home refused my poa which mom signed in front of my notary who traveled to the home and charged me $55.00 insinuating my mom didn't sign mine. They instead accepted one from my sister dated 2006. Do I have any recourse? I do not like being accused of fraud. Has anyone else ever had this happen?

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Has your mom been declared mentally incompetent by at least 2 doctors? If not she can revoke the first POA and appoint another one anytime and as many times as she likes. The nursing home hopefully is only doing due diligence by honoring the first one though it does sound like they are doing it more for their own benefit and not to honor your mother's rights to appoint whom she wishes. Who has the check book in the family? The nursing home would have to have the document analyzed professionally to prove it is not your mom's signature which is quite expensive. The Ombudsman is a good place to go or a good elder law lawyer. Did a lawyer draft the POA? May be s/he can answer your questions or give some advice on how to handle this one.
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My guess would be that your mother no longer has the mental capacity to make decisions of this nature. Why should there be a change in Mom's POA that has been in place for 5 years? Is your sister not executing her duties as POA? Your question makes me very suspicious of your motives. But if you would like to get an independent opinion contact you local Ombudsman Council the nursing homes Social Worker should be able to provide with the phone number and/or website.
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You say that "the nursing home" refused the POA. I would start with fiinding out just who made this outrageous ruling. It is clearly a violation of your mother's civil rights (not yours) in selecting the person who would manage her affairs.. Find out who is in charge and if that is not the decision maker, then go to that person.
You might check your document which granted you POA. Did it revoke your sister's? It might be that you and your sister have equal rights and only checking both documents will give you the answer. Also, is your mother mentally competent? Is your POA durable? that is does it provide for its effect if she becomes incompetent? Get a copy of your sister's and compare it with yours.
Is there a difference between your and your sister's concern and care for your mom or is this (excuse the expression) merely a power struggle between the two of you. You need to be honest with yourself on this one and I draw no conclusions from your question. I'm just an old retired lawyer who has seen so many family fights.
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