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I recently posted a question concerning my mother's rights in the decision about where she will be moving now that she must sell her house to have money for living expenses. One of my brothers is the POA for finances and one is the POA for medical and my mother is worried that they will make her go somewhere she doesn't want to go. She has expressed great interest in moving where I am and I have located a great Assisted Care Living Facility here but my brothers continue to act like the move is their choice and not hers. My mother lives in So California by the way and so she has a California Advance Care Directive naming my brother as POA of her health care. If my mother has not been declared incompetent does she still have the legal right to determine where she moves?

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Last line should be "she informs your POA brother that she's moving to the assisted living facility she's chosen as of such and such date".

If mom is competent to make this decision, there should not be such drama.
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Your brother's have POA. They don't have guardianship. Take your mom to see her lawyer and have her assign a new POA if that's what she wants to do.

Or, she simply instructs your brother with financial poa that she is moving to her chosen poa on such and such date.
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Well here's bottom line as to what's happening right now. My brothers offered my town as one of the choices for my mother. I researched assisted living care places and found a great one. I showed all of the pics and info to my mom on a recent visit and she was very excited. I live literally just 3 minutes away from the place I found for her and could see her on a daily basis. My brother became annoyed at me apparently because I said my mother was upset by a phone call he made to her ( I really don't know why he got upset - he won't tell me) and suddenly my brother said that my town is no longer an option. I honestly don't know what to do. I am the only one of her five children that is retired and can check on her and interact with her on a daily basis if she comes to my area.
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As I understand POA, it is to be used when mom is no longer able to make decisions regarding her affairs. You've made it clear that she is competent. The brothers cannot force her to do anything with their POAs. I have a very broad POA for my parents and try as I might, I can't force them to do ANYTHING that makes any sense to help themselves cause they both will damn well tell you they ain't going to no assited living place with a bunch of old folks! Dads 85. Moms 84.
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The ego problem isn't coming from my side of things. My brothers are very difficult to work with. My mother is definitely NOT at the point where she agrees with whoever is in the room. She has definite opinions about where she wants to go. That is why I am trying to find out what her legal rights are.
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Actually the final say is the Judge in Surrogate's court in the county where she resides. Judges prefer to keep the ward and the POA's within their jurisdiction.
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Manis, I'm curious why you didn't answer any of the questions put to you in the previous post. Does mom have dementia? She might be at that stage where she agrees with anyone who is in the room with her, i.e., happy when your brother's say, Mom, we're arranging for you to live at X", and she says, "that's so nice". Really, unless you all work together and get on the same page, this will be a mess.

So, talk to your brothers about what their plans are in a neutral, non confrontational way. As our parents age, they need to be very close, geographically to one child who can get there quickly in case of emergency. Don't let egos get in the way here.
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She absolutely has the right to make her own decisions. If mom hasn't been declared incompetent, your brother can whistle for supper.

Tell your brother his britches are too big.
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For reference, this is your earlier post:

https://www.agingcare.com/questions/brother-have-final-say-where-mom-goes-186676.htm

Some questions were asked that posters felt relevant to your query, but not answered. Others offered opinions. But it seems that your question remains unanswered from your perspective.

I'm thinking that at this point it might be better to discuss this with an elder law attorney who can review the documents she signed and respond to your concern.

From your description, one of the documents is a California form; unless we can see it and review the terms, it's difficult to opine on the extent of its granted powers.
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