Has anyone had the experience of petitioning to get the POA off the Revocable Trust? - AgingCare.com

Has anyone had the experience of petitioning to get the POA off the Revocable Trust?

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We are trying to do this in lieu of conservatorship. The person who was assigned POA is not following the wishes outlined in the trust and the Advanced Health Care Directive we have been told we can do a petition with the court. I just am looking for anyone who may have had experience doing this and the outcome, and any suggestions. My sister is deteriorating a little more each day because of the isolation she is experiencing in this facility. I am physically the closest but because of my schedule do not get to see her regularly lie I did when she was at home only a block away. Her doctors say she can live at home with 24hour care, her financial advisor says she can definitely afford it, but the POA refuses to move her home. Family members are kind of split but two of us firmly believe she should be home as she stated were her wishes in her Health Care Directive.

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A Health Care Directive is a legal document, and must be followed. Whoever is the financial POA is responsible for making sure they accurately represent the wishes stated in the Health Care Directive.
I am not a lawyer or a judge but IMHO somebody in Family Court or your county DHS should be able to concur (show them the documents, have doctors give affidavits) and force the POA to make it happen.
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DL, playing devil's advocate here. We have a similar situation but reversed. Mom is in her home of 50 years, but my twisted sisters want her in a facility. Thismled to a now two year long legal battle that is still in the process. One of the twisted ones had Mom's POA's yet did and does nothing. She willingly admits that Mom has always wanted to be in her home, yet because i am doing the caring she would rather move Mom. Enter guardian that does an evaluation and determines Mom is receiving excellent care and there is not a facility that would compare. Which beings me to my point.

My Mom most of the time does not understand that she is in HER home of 50 years. She does not recognize her husband many times, they have been married 8 years. Sometimes she does not recogize me. The fewer changes for our loved ones with dementia the better they will be. If sister has adjusted to her surroundings it is better for her to stay there. Moving them is often very difficult, disorienting and will often cause a decline in their overall health.
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Sister's neurologist originally indicated that she could live at home with 24 hour in home care givers but since the POA is not willing to negotiate trying to bring her home to see if she would do better and be happier the neurologist is saying she doesn't want to get in the middle of the family fued and that the POA ULTIMATELY has authority, even though he is not adhering to the wishes set forth in the Health Care Directive. The attorney feels we have a very good case but it's still a "crapshoot" and depends on the judge. The attorney and a professional fiduciary we spoke to both feel that since she is a retired judge we have an excellent chance if we have to take legal action. He has refused professional mediation and at one point actually signed a contract and set up a return to home date with 24 hour care givers but because he got upset wwith a couple of family members canceled the move home and said he refused to discuss the matter any further. He claims she gets better care at the facility with a four to 1 caregiver to residents ratio, where she tries to and has successfully escaped, where she stays in her room most of the day, she has started talking to herself, he refuses to put a radio, TV or even a clock in her room. It is difficult for family to visit because of distance and responsibilities. When she was at home she was right around the corner and we saw her daily. We are worried if we wait much longer she will not adapt well back in her home. He has systemically delayed every attempt at bringing her home it's almost as if he wants her to forget she even has a home. He demands that no one take her to her home, or even by her home and asks that we don't discuss her home with her. Originally there were some problems that had to be addressed with the house so we agreed for a temporary stay at a facility to test it out. She didn't like it kept asking to go home. Even when everything was handled and the house was ready for her to go back he kept delaying it and now refuses to even considerate it. I was just fishing to see if anyone else has tried petitioning the court rather than filing for guardian or conservator.
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If your sister is competent she can change anything she wants any time she wants like the POA!

APS will get involved if she is being exploited in any way and still may require a judge determination. If sister wants an exam by a neurologist she should ask for one! But now I wonder if sister is able to communicate at all.

No response, Dizzy?
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Does APS have the authority to make that decision or do they have the authority to recommend a neurological evaluation? I thought only a medical professional could do so.
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Is your sister competent? If so, she has the right to choose. If not, you would be looking at an extended court battle. You could call Adult Protective Services to ask for their assistance to determine if sister has the capacity to make this decision.
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IF you sister is no longer competent, you can certainly petition the court for a guardian or conservator. The judge will ignore the families opinions and evaluate the placement recommendations of medical professionals. Of course someone is burdened with the oversight for that care, which is a BIG responsibility. So if you are prepared to change your schedule to provide daily oversight and immediately respond to any emergencies she may have at home day or night, go for it. And believe me, you will be busy.
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