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My sister had a massive stroke two years ago. This woman also said she now has power of attorney over my sister but said she did it over the phone, can you please help me. My mom and I are trying to get her away from this woman and bring her home.

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I imagine that if you demand to see the POA, the abuser will say she does not have to show them to you, and that may be true. She would *have* to show them to the Adult Protective Services people though! I think they are the best solution - call, explain the situation, and tell them you are more than willing to be the guardian or POA if sis is competent.
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Did your mother ever give this woman POA that she recalls? There has to be a record of this and a lawyer involved. Demand to see the papers and if she doesn't produce them, then yes if she doesn't go willingly call the police and have her physically removed. Can you prove the abuse because if you can you could get Elder Care involved and they will definitely send her packing. I feel that this woman is calling your bluff and has a motive behind this. but either way the abuse has to stop!!! But you are going to have a lot on your plate when you bring your sister home, as I am sure with a major stroke there are disabilities. With that being said you will probably require some type of respite care from outside the home to help you and give you a break. But first things first get this abuse issue taken care of ASAP for your mother and your sister's safety. My heart goes out to you as no one needs this type of thing in their lives. Let us know how things turnout for you, good luck.
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I agree with Kathleen. Based on what you've said, this doesn't pass the stink test. First thing I'd do is call Adult Protective Services. Tell them your concerns and they will investigate. Elder abuse is taken very seriously in the eyes of the law and should never be tolerated by loved ones. It can be financial, physical, neglect, withholding medications, or anything else that puts your loved one's well-being at risk.
I had to call APS on my own daughter once because she was still living in our home and was being abusive to my mother. I love my daughter, but I won't tolerate anyone abusing my mom, not even her. They came and investigated and she even did one of the things we reported her for while the APS worker was here.
Please let us know how things turn out for you and your sister. I'm glad she has you to look out for her best interest. Best of luck to you.
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Call the elder abuse hotline if there is a suspicion of abuse which brings me to what makes you think she is being abused? Can you visit or have someone visit her to support this claim? Good luck!
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Did you previously post a question about this situation? I seem to remember that your sister liked the caregiver and did not want to leave. Is this true or am I mixing you up with someone else? What has changed?
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A POA has to be notarized which has to be done in front of the notary unless they're crooked. Can't be done on the phone as far as I have ever heard. I'm a notary in FL and would or could never do this. Check with your clerk of courts in your county to see if it has been filed and what their rules are.
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Everyone is right. There is no such thing as getting a Power of Attorney over the phone. They will interview sister first. Preparation takes 2-4 weeks, at least. Is your sister considered competent (I know a massive stroke can take away so many of her communication skills). Please call Adult Protective Services and an Elder Attorney for advice. If this woman is doing anything hinky, she could be put in jail, not allowed to assist your sister, and worse. I wonder about your sister's Social Security and assets. There is an organization called Agency on AgIng in every County. See what info you can get from them. I think you questioning this situation is very important. Just reading it gave. Me a pit in my stomach.
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Call Adult Protective Services. they spend private time talking to her. She will ask for Power of Attorney, date of diagnosis. Believe me, this is the best thing. It's anonymous. I have a very vindictive brother who calls them on me all the time (he's pissed he isn't the Power of Attorney) & we do not get along. He is a taker & took advantage of her financially, etc. now there is a court order. And he calls maybe every 3 months; visits MAYBE every 4-6. It disgusts me.
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I think I need a little more info. How old is your sister? Does you sister have money or property. Did the caregiver know your daughter before her stroke. Is she is mentally competent? Do you think she was bullied into making a POA. Your daughter only has to say. I revoke her POA. I can't stand when a sick person is abused. You can call elder abuse. I would go to your local family court and find out if the POA. I would even petion the court for custody. This also is done in family court and tell them what is happening how her caregiver is abusing and neglecting your daughter. When you say massive stroke. Did she have rehab to come back a little. Is your daughter completion to make decisions for herself. If not the POA means nothing and is not legal. POA are not done over the phone. They are done in a lawyer's office. If he feels your daughter is not competent. He will not do a POA. I am assuming your daughter is not married and doesn't have children. If she does have children of age and husband they are her next of kin. If not then the mother is next of kin following by her siblings. I feel the woman is lying and I would file for custody. If this is what you daughter wants. But, if she can't answer for herself. Mother should get a lawyer and start the court procedure going. If you don't have the money. There is legal services to help you. I wish you the best of luck. If money is taken or tsh caregiver has put her name on any deeds. I would take her to court and get everything back.
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No such thing as a telephone POA. Why did you wait two years to object? When is the last time you visited your sister? Go for a visit, talk, offer to assist. It's never too late to care.
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POA are not done over the phone. If your mother is not mentally competent to choose a POA. Then it is not legal. I would ask to see the POA if she doesn't show one or refuses. Call the police and have them come to the house and take her out. There has to be money or a house involved for this woman to want to be her caregiver. Don't tolerate it. Get this woman out of your family's lives.
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If you go down in person, will the caregiver be able to provide you with the POA? No document, then you may have a chance. May. The next part is would your sister Want to leave? No one can force your sister to move away. She will need to do it of her own free will. The only real solution is you have to Know for a fact, with back up documents - that your sister is being abused. You will need to decide the situation. Does this require APS (Adult Protective Services)? You can call it in anonymously. I do know for sure that you cannot go to this woman's home and try to force sister to leave. You will be "trespassing" and maybe "attempted kidnapping." As for getting POA over the phone, can that even be done? You would need a legal document stating you're POA and having BOTH your sister and caregiver Sign the Document. The key is really your sister. Will she want to leave that home and move away?
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