When a POA is left in charge and he hires a known druggie to care for my mom. Do I have any rights?

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My mom told me she wants to live with me she don't want my sister or my exwife taking care of her when her husband dies. My step dad made his son poa over her and every thing all i want is my moms to be happy do i have rights

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There's a major omission in the issue whether the POA is valid, and that's whether Vickey's mother had dementia or had lost enough cognitive function that she didn't understand what was happening.

There's also the issue of who drafted the POA, whether it was an attorney, whether it's the father's POA and includes Vickey's Mom, whether she signed it, and whether she understood what she was doing.


Assuming that she didn't understand what was happening, and the husband just told her to sign, or tricked her, then the document was executed under false pretenses, and I believe, would be invalid. In that case, legal action might be required to revoke it. And a form of elder abuse has been committed.

There are lots of unknowns that are critical to providing advice to Vickey, so we need some explanation from her.
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Regarding the POA's choice in caregivers, a drug addict, you can call social services if you feel your mom isn't being cared for properly. They'll send someone out to the home for an inspection. But unless the caregiver shoots up in front of the people from social services they're liable to just take a report and then leave.

I'm wondering if your mom has dementia. I don't understand why she'd sign papers giving her stepson POA. And like the above poster said, if she has dementia she can't revoke her stepson's POA and make you POA in which case the only option left would be for you to gain guardianship over your mom which costs thousands of dollars. Without POA or guardianship unfortunately you don't have any legal rights.
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Is your mom incompetent? If she is not incompetent then she can file papers to change her POA to you if she chooses. I'm not sure what you mean when you say your dad made his son her POA when it is her choice what her POA is. Do you mean he had the paperwork written up and just made her sign it? As long as she has not been ruled incompetent she can rewrite that document at any time.

If she is already incompetent then you have a problem...as POA that is signed by her and notarized, presumably when she was still competent in the past, is basically valid and respected by the courts. However, if his son doesn't want to serve as POA and care for her, you may speak to him and ask him to resign as POA and allow you to take over.

Your final move would be to go for guardianship over your mom. This is an expensive and costly process where you would go to the court and fight to have control of her assets and care...making you completely responsible for her well being and financial situation. At this time anyone who wants to contest your guardianship (perhaps your step father's son) can speak in court against you. I hope it does not come to this for you.

Angel
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