Follow
Share

My mother has been diagnosed with dementia and does not agree with the community that I want to move her to. She thinks I am out to get her and claims she is fine. She is now threatening to remove me as her POA. I have a doctor's note that states she is unable to make financial decisions and that she is not able to live independently. Is there anything else I can do?

This question has been closed for answers. Ask a New Question.
I think you are fine. The only way this can be done is by her getting Guardianship. That requires a court involvement and a lawyer.
Helpful Answer (0)
Report

Alva gave a thorough response. Also, does she have the phone number of the attorney? Would she be able to make, remember and drive to an appointment? FYI an elder attorney knows to conduct an interview with a person who is making or changing their PoA to assess that they are competent to do so. If she is able to call a different attorney and get herself there, the same will happen. Make sure other LOs, friends and neighbors know to not drive her anywhere without notifying you first, if she contacts them. Been there, done that.
Helpful Answer (0)
Report

Your Mother is not capable of removing you now. She has dementia.
I hope that this POA is a good one, one you had drawn by an attorney. It is now implemented by your Mom's Doctor's diagnosis that she is a danger to herself if living independently. Read it. It will enumerate your duties.
You have wisely placed her; the facility will be aware of her inability to make her own decision, I am certain; if not you need to share the POA and letters from the MD. Your Mom may continue to try to leave; she is no longer competent, nor able to act in her own best interests. That is WHY you are her POA. So she may require a locked facility or intermediate facility where she cannot wander. I hope not as every bump up is more costly.
You should consider contacting a Social Worker connected with the care facility. He or she can help you get guardianship or conservatorship of your Mom if necessary. So can an Elder Law Attorney. The funds for this comes from your Mom's assets. Be certain you understand how to keep meticulous files on your Mom's behalf of all assets into and out of her own accounts for her costs and care. This is your legal duty as her Fiduciary under the law.
Helpful Answer (1)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter