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I was thinking of doing the same thing. I have POA but someone else in the family took her to another lawyer out of state and got another POA done stating it was during the time she was there.. At this point anyone can talk her into siging anything. I have been the POA for 7 yrs and handle all her affairs. And she lives in my home. Is there any other way around this.
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cdrscurry,

The innability to conduct one's business in a business like manner is all that is needed for durable POA to be innacted. I was doing this before my mother was declared incompotent by her neurologist on a notorized form last May.

Is the family member who has the POA on this site or can they get here? The description above sounds like my mother before things changed. She was often forgetting to take medicine even after being reminded of it. This led to more and more seizures. She and my step-dad had hidden from me and his children that they had not paid taxes since 2004. I got a hold of what was going on and had to fire that CPA last July because he was only able to get 2004 done and he was semi-retired, but he was a friend of my step-dad. My mother had a stroke last March, broken hip last April and moved to a nursing home last May. Next week, we will have 2007 taxes paid. It has taken a lot of time and effort to find and collect the financial data of my mother and with the help of my step-brother his dad's financial data together for these unpaid tax years. It took me a while to find my mother's will and other things like her living will which is also part of the Durable POA's responsibility and authority.

The parent's doctor needs to be told what is going on which the medical POA authorizes the person get in closer with the doctor to get them on the right page. Frankly, I bet his doctor will say that the parent is not able to live alone; will offer some suggestions; or may tell you what to do.

Now, I'm going to get a bit preachy here for the sake of encouraging emphasis. When some Christian denominations who have bishops ordain someone, they often say words such as 'take thou authority to exercise the office of Elder for the building up of the ministry of Christ's Church." Likewise, I would say to this family member who has the durable and medical POA, take the authority given you by the POA and exercise this office of POA for the caretaking of your loved one's business and medical care!!!!! TODAY!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Take the medical POA to the Doctor so that they have a copy and get an appointment made. Take the durable POA to the man's banks so that they can make a copy and the POA can start paying these unpaid bills with the dad's checks signed with the POA's name with POA after the name. Any investment groups etc. will want that durable POA before they will talk with the POA about the parent's business. Some will ask for a certified copy. When the parent goes into the hospital the POA person needs to take the medical POA and let the medical staff know they are the medical POA. In signing the tax return for a parent, the POA needs to contact the IRS for the appropriate form to fill in so they can be given a special code to go along with their siging on the tax returns as well as authorizing them to discuss their parent's tax situation with the IRS.

This parent gave that family member both the durable and medical POA because they trusted them. Now it is time for the POA to act upon this trust and deal with this chaotic situatioin and get it in order with all that the POA's authorizes them to do.

Incompetent does not mean totally incompacitated. It means not being able to conduct one's business in a business like manner. This parent is clearly not doing their business in a business like manner. Have they paid their taxes?

When this thread started I thought we were talking about someone where no one in the family had medical and or durable POA. So, all this stuff about guardianship. For support, the family member might want to call the lawyer who wrote up the POA to tell them the facts and ask their opinion of what they should do as the POA. I think the lawyer will agree with me and probably say take a hold and really internalize the authority the POA document gives them to tend to business matters as outlined in the durable POA and medical matters as outlined in the medicla POA, plus get a hold of the doctor for an evanluation today!
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cdrscurry
i think all states are the same if there is alz in this case then i suggest you get a lawyer and see what ur options are cause if you let it get worst (and it will) it will get to the point where you wont be able to do anything. it was easy for me cause my dad cooperated of course he wouldnt move out of his home and i didnt want that anyway he build his home for the family and he died in his home thats the way he wanted i abide some of his wishes and he understood some things but not all so i up and move in his home my family and i ..and trust me i caught HELL ..i do not regret taking care of my dad but i sure regret moving in his home with my family actung a ASS. about it (brothers and sisters) but i would check with a lawyer good luck my friend i hope everything goes well for you
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Thanks for responses. I'm asking because we live in different states. Parent is living independently, diagnosed with alzhiemers, short term memory declining, will not take meds, letting bills go unpaid, lapse, etc, family has POA in place med/leg but we aren't sure if it can be used if the person is still not totally incapacitated. We don't want the situation to have to get that far, concerned for safety, welfare. Unable to provide care and moving not an option for us.
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i dnt know how the laws are in any other state robert88...but i know here its very strict on the elderly ...but anyway crow i have been doing alot better my family lifted the suit on me they found very differentely of what has happen they are now talking to me of course i wont forget what they did to me.. but i guess they did what they had to do..and me i did what my father wanted me too...
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POOR SYSTEM - it's not cheap and easily becomes all consuming if anyone decides to contest it. Just to get a lawyer to help file is a few thousand dollars. Also quite inadequate when you're in different states. For example, a California conservatorship is just that, for California, but what happens if you're in Texas.

Anyway, I'm just providing the bit of info that I know, we need more details for better advice.
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msdiva,

Oh yeah, I forgot. It is expensive paying a lawyer and giong to court!

How have you been doing msdiva?
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MY POINT EXACTLY CROW ITS IS VERY EXPENSVE TO DO ALL THIS I WENT THROUGH IT BUT IT WASNT BAD MY DAD COOPERATED BUT MY FAMILY??? OH BOY THAT WAS A DIFFERENT STORY I GOT D..P.O A. AND MED ON HIM HE KNEW THERE WAS SOMETHING WRONG BUT THEY COUNDNT ACCEPT IT
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If you are pursuing conservatorship which I gather is the same as guardianship in othe states, but often done on a local level through a trial at the county court house where the evidence for and against your parent's incompetence. If they are able to appear in court, they will nornally be there. This is an expensive and dissrupting route to go. Why exactly are you wanting your parent declared incompetent? Are you looking for this because you lack durable and medical POA?

I almost went this route when someone tried to get my mother to sign a promissary note for $40,000. I got a lawyer who told me that my mother would be just as protected against something like that if the doctor related to the nursing home and her long term neurologist would evaluate her and write up their conclusions on a noterized form. My mother knows she was evaluated by her doctors, but she's not aware exactly what it meant. However, I have the peace of mind that my durable and medical POA has a bit more strength for her protection with those two noterized documents. ,,,,
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that true robert888 but they half to make sure that all tesst are done for the competency test if they pass 4 out of 5 and the dr says it then they will haave a hard time with it
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There is a state conservator application form. On it, there is short assessment area for a physician to sign, in essence evaluating competence. There is also a lengthier dementia-evaluation assessment. This is then submitted to the state and from there someone reviews it and determines the conservator. Others (ie. wife, family relations) are notified of the application and given the opportunity to give input and also apply to be conservator.

http://www.courtinfo.ca.gov/selfhelp/seniors/consforms.htm
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Why do you want them to be declared "incompetent?"
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