How do I get a POA for my mother?

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my mother is in need of 24 hour care. She is in danger of loosing her home and being put in a state home which has always been her nightmare. My wife and I have considered moving in with her to help her but she will not sign any papers ( P.O.A) because she is afraid to lose her freedom which is getting ready to be taking away because she is a danger to herself. What should I do?

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buckcb,

Here are some articles written by AgingCare.com editors on Power of Attorney's that might give you some helpful hints when trying to get POA for your mother. I hope these help.

How to Get Guardianship of an Elderly Parent
https://www.agingcare.com/articles/how-to-get-guardianship-of-elderly-parents-140693.htm

How to Get Power of Attorney Ready Before Aging Parents Get Sick
https://www.agingcare.com/articles/How-to-get-Power-of-Attorney-ready-before-aging-parents-get-sick-134109.htm
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If Mother is competent to make her own decisions (in the legal sense of the term -- and remember that we all have the legal right to make bad decisions), then only she can grant POA to you. If she is incompetent and you wish to act in her behalf but against her will you will need take legal steps to get that authority. Be prepared to offer evidence, including medical opinions, that she is not capable of acting for herself.

Who is providing the 24/7 care now? In what way is she a danger to herself? What are her impairments? Does she have dementia?

What do you mean by a "state home"? Are you thinking a nursing home? Is Mom currently on Medicaid?

What you should probably do is to consult an attorney who specializes in elder law. (Yes, the laws relating to end-of-life issues are so complex that there is actually a legal specialty in navigating them. Who knew?)

If you want to provide more information about your situation, perhaps you will get additional and more specific suggestions.

So much depends on Mother's mental competency that that would be a very useful piece of information in discussing this.
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