Can power of attorney make decision's for their loved one even if they're not deemed incompetent? - AgingCare.com

Can power of attorney make decision's for their loved one even if they're not deemed incompetent?

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Can someone help me? My Uncle is in hospital it has now been decided by CCAC and discharge planner at hospital that my Uncle should not live alone anymore and needs 24 hour care. He has not been deemed incompetant and is not delusional does not have dementia. They wanted to speak to POA his Daughter. She has decided with hospital approval that she will move her father out of his home and city and take him to live with her. He does not want to live with her he wants to live with his neice who she hates. Can he make his own decisions regarding his care if he is of sound mind? I basically need to know if when she can enforce POA?? Someone please help it is urgent situation. Oh ya she has some kind of paper from hospital and a JP has stamped it

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I think "JP" must be justice of the peace, in other words a lower court judge. It would imply there has been a ruling made on his competence that you are not aware of.
It is nice the old man actually has people fighting to take him, too many have no one that even cares. Instead of being confrontational go to the daughter as a loving cousin and see what you can find out, you know that saying about catching more flies with honey! I don't think you are going to be successful in preventing this move, at least in the short term. If you become part of the team you will have a better chance of influencing things in the future.
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Daily, assuming you're referring to a legal/financial power of attorney and not a medical one, and based on the terms of the power of attorney that allow it to be activated, he has the right to make his own decisions.

Are you the niece? There was a post almost identical to this one in the last few days.

You also need to read the specific language of the POA to determine what rights the proxy has to make decisions for your uncle. Jessie's first paragraph also addresses revocation of a POA if the daughter is not acting in accord with your uncle's wishes.

What kind of "paper" does the daughter have from the hospital? Discharge papers? And what's a JP - I'm not familiar with that term.
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Daily, if he is mentally competent, he can make his own decisions. A POA is simply a form that gives someone the permission to act as an agent. It does not make the POA boss as long as the principal is competent. If the POA is not acting in accordance with the principal's wishes, the POA can be revoked and another POA assigned (as long as the principal is competent).

Or he could just move in with the niece and keep the daughter on as POA if everyone would be okay with the arrangement.
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He is 85 him and is daughter had a falling out of sorts un Dec he was in hospital with influenza A. The question is if he is of sound mind and says he does not want to live with her can he be forced to. He has luved independantly until he got sick. And now is a little weaker in unfamilier surroundings in hospital the hospital feels he should not be allowed to live alone vut have not said he is incapable just that they feel it wouldnt be safe
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How old is your uncle and why was he in the hospital?
Are you the one who wants to take him in? What could you provide for him that his daughter could not?
Is this meant to be temporary until he recovers, or is the plan to get him on the list for long term care?

While it is true that POA doesn't give the daughter the legal authority to override his wishes in reality unless he is prepared to fight this with legal action you will be better off to try to make the best of his new situation.
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