Follow
Share

Presently, I am out the country on a job and was contacted by a cousin and was told the following:


My mother that lives in South Gate California was taken to a hospital with covid 19 and then taken to a nursing home. Her niece, another of my cousins, acquired a POA on my mother and issued communications and visiting restrictions. This was done without my knowledge and now the family members (Aunts and Cousins) do not answer the phone. I have obtain a substitute for the project I am contracted and upon approval I will be able to travel back to California


- Not sure what rights I have as the only son?


- Can I revoke the POA?


Please let me know how to proceed; I would like to start the ball rolling before I arrive in California. Thank you for your assistance. Hope to hear from you soon.


Best regards

Find Care & Housing
Hi Tony, if your mother was of sound mind (meaning she had no diagnosis of cognitive incapacity) then she is free to do as she wishes and assign anyone as PoA. It sounds like this was done out of necessity so that someone could help her medically while you were so far away.

No, you cannot revoke the PoA from your mother. Your mother is under no obligation to inform you of the change, and indeed if she was sick with covid probably wasn't well enough to do much. My MIL had covid last May and was extremely weak for 4 weeks (then she fully recovered).

If you have evidence of some sort of abuse or neglect by her current PoA you can contact an elder law attorney to see if you have a winnable case. Just because you don't like what happen and it was a surprise does not necessarily mean you should go to court over it.

Also, please remove your personal information from this very public forum, for your own protection. And, remember that the people responding to you are not attorneys or professionals and you should NOT rely solely on the advice you receive here but always consult an actual attorney.
Helpful Answer (4)
Reply to Geaton777
Report

Being her son gives you no automatic rights here. If your mother is not of sound mind and you feel the POA is not acting in her best interests then you can pursue guardianship through the courts if you want to take over her care.
Helpful Answer (4)
Reply to worriedinCali
Report
disgustedtoo Feb 16, 2021
IF mom IS of sound mind, she can revoke the POA and assign it to her son, but as JoAnn29 said, if you will be going back to the job out of country, this may not be beneficial. More than one person can be appointed POA (both my YB and I were, with no stipulation about being alternate or backup, just both appointed.) Mom can also sign documents that doctors and hospitals generally have, which indicates who can have access to her medical information. POA is more, as it allows access to and/or control over other aspects, as needed, but mom would have to appoint you.

IF mom isn't of sound mind, she won't be able to revoke or assign POAs. The only alternative is guardianship, which will override POA. It isn't cheap and takes time. But again, if you are not local, how would you manage either? You'd be in a different time zone, maybe can't take a call for emergencies, can't quickly be there if needed, etc.

If you suspect any funny business, like maybe they are taking advantage of mom's assets, it would be good to investigate (EC attorney.)

When you say they don't answer, is it their phones or mom's room phone? They aren't likely in the NH with her, due to virus restrictions. They shouldn't be blocking you from a relationship with you mother though. If they aren't answering their own phones, have you left messages and they don't call you? Would they be able to call, without excessive phone charges?

If you get back and the NH won't allow you to visit or talk with her, definitely seek out an EC atty.
(0)
Report
Do you have POA on Mom? Mom may have allowed niece to be POA temporarily. Mom is the only one who can revoke it. Some people on the forum have talked about Hospitals being able to do POAs when needed.

If Mom is in a NH, the home is probably doing the restrictions. Mom may be in quarantine for 14 days in a room of her own. Most NHs do not allow visitors. If they do, its been done outside. Ur cousin has no control over this. You can call the facility and ask how Mom is doing. Because of HIPPA, they won't be able to tell you much. Ask that Mom be told that you are on your way. Don't jump to conclusions at this point. Things may have been done to get things moving for Mom. Again, if she is of sound mind, she can revoke neices POA and assign u. She also needs to sign HIPPA paperwork allowing you to know her information.

I do suggest that if you tend to be out of the country alot, that Mom assign someone close to her to be POA. With the understanding that you not be cut out of her care. Make sure your are listed with all her doctor's as someone they can talk to besides her POA. Also, whoever holds the POA it should be explained to them it doesn't mean they can shut people out of the principles life.
Helpful Answer (1)
Reply to JoAnn29
Report
worriedinCali Feb 14, 2021
Mom isn’t the only one who can revoke it. The court can revoke it.
(2)
Report
Ask a Question
Subscribe to
Our Newsletter