What rights does the sole DPOA have when the mom is in an AL memory care facility and is fearful, with past incident occurring, of family...Mom has rapidly declining dementia and is in a MC unit of an AL. I have complete DPOA over health care, finances, the shebang if you will, to protect my mom from a sibling who is adamant all her cash and equity is his not hers.What rights does the sole DPOA have when the mom is in an AL memory care facility and is fearful, with past incident occurring, of family... This is my only living sibling and due to past financial abuse to our mom and theft from her while she was living at home, he has been somewhat estranged from the family. Now that mom's memory has declined he is back at his old tricks. Recently taking her to the bank and try to take me off the account as POA and put him on instead. The ALF then decided per requesting my written request that only her specific caregiver and I are allowed to take my mom from the premises. All is good UNTIL...
I was recently advised by the ALF director that he was advised by an attorney during a class that if a resident, even if in a memory care unit, expressed interest in wanting to go offsite with any family member the facility could NOT say no. This is even if the DPOA has expressed concern and there were facility witnesses to the last issue- he would still have to let her go. My mom cannot make her own decisions as to what to wear most days, forgets who visits her in less than 2 minutes after anyone leaves, is extremely unsteady on her feet thus making me believe it would be more of a liability on the facility should they allow her to leave with the sibling. Would he hurt her? Physically, no but mentally and financially, YES! I heard the last phone call in the room. He tries to make me out like a horrible person but we haven't spoken in a very long time. He lies to her to get her upset. Then she tailspins for a day or two.
Does anyone one know about such a law?
I could get a restraining order but I would like to know if this route is correct first. This particular sibling is on a money hungry search for funds and I want to have my ducks in a row before he starts shooting.