NO ONE TAKES POA. It is not TAKEN. It is GIVEN. The elder asks a family member or a good friend to do it for him or her. It is a VERY TOUGH job and it requires expertise and expert record keeping. The POA is not at liberty to discuss POA with other relatives. Other relatives, if they suspect abuse can contact APS. They will investigate and if they see evidence of same can ask a court to examine the POA for wrongdoing and record keeping.
If the elder would prefer the grandchild act in her behalf then that is her business and hers alone. If her dementia is well advanced then she cannot make a POA. The person conferring POA must be in their right mind enough to understand what they are doing.
If you suspect foul play here then you should contact APS and give your evidence of why. If you get no satisfaction and wish to apply for guardianship (which will trump POA) then see an attorney. Know that it will be costly for you to do such a case. If you suspect that there is elder abuse by the grandchild then see the elder law attorney to find out how to have the POA examined before the court; a judge can ask for the record keeping.
If your Mother does not currently have a PoA assigned, and she has mild memory or cognitive impairment, then a certified elder law attorney (CELA) will interview her privately to assess her "capacity" (and it is a pretty low bar in my experience). So, she may still be able to assign a PoA herself in this way. Once this is done, she should have a cognitive and memory test by her primary doctor so that her capacity is in her medical records.
If she is beyond being able to assign a PoA then any family member could pursue guardianship for her through the courts (like a grandchild) but as was stated by another responder, it can be very expensive. Also, if the judge perceives there to be family in-fighting, s/he may award guardianship to a neutral 3rd party (non-relative). It can vary by state and county.
No one can "take" a POA. It has to be designated by the person needing a POA, and signed in front of a lawyer(at least those are the best and most sought after ones.) And if your mother is not mentally competent, no one can be her POA's as she has to be mentally competent to be able to designate someone and sign any legal papers. So someone may have to file with the courts for guardianship if need be, though that can cost thousands of dollars. You may want to talk to an attorney if you believe that something was not done on the up and up with your mother.
It is not TAKEN. It is GIVEN. The elder asks a family member or a good friend to do it for him or her.
It is a VERY TOUGH job and it requires expertise and expert record keeping. The POA is not at liberty to discuss POA with other relatives. Other relatives, if they suspect abuse can contact APS. They will investigate and if they see evidence of same can ask a court to examine the POA for wrongdoing and record keeping.
If the elder would prefer the grandchild act in her behalf then that is her business and hers alone.
If her dementia is well advanced then she cannot make a POA. The person conferring POA must be in their right mind enough to understand what they are doing.
If you suspect foul play here then you should contact APS and give your evidence of why.
If you get no satisfaction and wish to apply for guardianship (which will trump POA) then see an attorney. Know that it will be costly for you to do such a case.
If you suspect that there is elder abuse by the grandchild then see the elder law attorney to find out how to have the POA examined before the court; a judge can ask for the record keeping.
If she is beyond being able to assign a PoA then any family member could pursue guardianship for her through the courts (like a grandchild) but as was stated by another responder, it can be very expensive. Also, if the judge perceives there to be family in-fighting, s/he may award guardianship to a neutral 3rd party (non-relative). It can vary by state and county.
And if your mother is not mentally competent, no one can be her POA's as she has to be mentally competent to be able to designate someone and sign any legal papers.
So someone may have to file with the courts for guardianship if need be, though that can cost thousands of dollars.
You may want to talk to an attorney if you believe that something was not done on the up and up with your mother.