My durable power of attorney was refused by my Mom's nursing home. What can I do?

When you made a new POA, your sister should have been notified in writing of the change. The new POA overrides the older one. The problem was the lack of notification. If Mom is competent, make a new one and it will override the old one. Good luck.

That's the problem with POA, anyone can print generic forms off the internet and have them signed in front of a notary that doesn't know if the person is legally competent with full understanding of what they are signing. Someone else can approach the person the next day and have the POA changed again and it's all perfectly legal. The process is really a farce, so please try to look at it from the facility's point of view. They deal with family members who have ulterior motives on a daily basis. They are just trying to protect your mother.

Do you and your sister see eye to eye on most things in regards to your mom's care? Can your sister assign you as an agent for your mom, allowing you to act on your sister's behalf should your mom need medical care considering your sister lives in FL, and you are the nearest relative that can attend to her needs.

If your Mom is still legally competent, you and your Mom can meet with the nursing home director and see if they'll accept a signed statement from her certifying that she did indeed sign the POA and that she wants you to be her agent. Or if the nursing home insists on it, she can execute a new POA. If your Mom is no longer legally competent, you'll need a lawyer to help you.

Do you mean financial or health care POA or both? Health care one, at least as far as HIPAA release, should not be exclusive. You could legitimately ask for both of you to be called for health concerns, and involving you would certainly make sense since you are closer.