And......you think being tricked into changing POA designation will somehow affect your mother's WILL? POA, either financial nor medical, has a thing to do with an elders last will. Are you afraid the new financial POA will now siphon funds from mom's bank accounts and steal them? What exactly is your concern with all of this??
God bless your mother during her difficult struggle right now. Her children should be rallying around her to offer her love and support, nothing else.
What is your concern about the PoA being changed to someone else?
If your Mom had mental and physical capacity, she has the right to choose whoever she wants as her legal advocate.
What makes you think she was "tricked"?
Have you actually seen the new PoA document? Or were you notified in writing that you were no longer the PoA? (Assuming is was you).
If you have hard evidence of Mom being incapable of changing her PoA then take this to an elder law attorney to see if you have a winnable case. Whether you win or lose you will still have to pay the attorney.
You could talk to an attorney about guardianship of your Mom, but this will also likely be a legal battle in court and the judge may decide to appoint a court-selected 3rd party non-family guardian because infighting is detrimental to your Mom's wellbeing. It is a costly and time-consuming process.
Seems there was a POA in place, why did sibling feel it needed to be changed when Mom was terminal. I would also say that with the morphine Mom was given, she may not have been competent to make a new contract. Was it done with a lawyer involved. Witness signing and a Notary present.
As Alva said, POA stops at time of death. If there is a Will the Executor takes over. No Will and there is an estate, someone can be assigned by Probate to handle Moms estate. The person will do exactly what an Executor does. The difference is the State determines who inherits. A Spouse and children come first. After that, each State tends to be different on who inherits after that.
Can you make a bit more clear for me just exactly is your circumstance here, and your question?
Is your Mom still living and your sister now the POA? If so, what proof do you have that your Mom was "tricked" into making this change?
Are you aware, if your Mom is dying, that the POA dies with her? That is to say there is nothing the POA can do once your Mom has passed?
I am sorry for all your family is going through. I hope you can make clear your exact circumstance here, and what your question is; we would love to help if we are able.
God bless your mother during her difficult struggle right now. Her children should be rallying around her to offer her love and support, nothing else.
If your Mom had mental and physical capacity, she has the right to choose whoever she wants as her legal advocate.
What makes you think she was "tricked"?
Have you actually seen the new PoA document? Or were you notified in writing that you were no longer the PoA? (Assuming is was you).
If you have hard evidence of Mom being incapable of changing her PoA then take this to an elder law attorney to see if you have a winnable case. Whether you win or lose you will still have to pay the attorney.
You could talk to an attorney about guardianship of your Mom, but this will also likely be a legal battle in court and the judge may decide to appoint a court-selected 3rd party non-family guardian because infighting is detrimental to your Mom's wellbeing. It is a costly and time-consuming process.
As Alva said, POA stops at time of death. If there is a Will the Executor takes over. No Will and there is an estate, someone can be assigned by Probate to handle Moms estate. The person will do exactly what an Executor does. The difference is the State determines who inherits. A Spouse and children come first. After that, each State tends to be different on who inherits after that.
Can you make a bit more clear for me just exactly is your circumstance here, and your question?
Is your Mom still living and your sister now the POA? If so, what proof do you have that your Mom was "tricked" into making this change?
Are you aware, if your Mom is dying, that the POA dies with her? That is to say there is nothing the POA can do once your Mom has passed?
I am sorry for all your family is going through. I hope you can make clear your exact circumstance here, and what your question is; we would love to help if we are able.