Can a new POA take things given to me by my Mother during the 5 months she lived with me?

oy vey

No will was REWRITTEN. She wrote her original will in 2013. There are no valuables. IF infact, her will was ever REWRITTEN, this was done through the Grandson in 2015... so, I gather it wont look well on the Grandson.

HollyJ, the fact that you got the Will rewritten in 2013 and got yourself named sole beneficiary will not be taken lightly by a Judge. Now go see a real lawyer and be prepared to give up her valuables.

pamstegma, I hardly think it is his intentions to put anything in professional "storage". He wants it for someone's personal use, obviously not my Mothers.

cwillie, it is pure spite.

GardenArtist, the new POA was done by the same attorney who did documents for me back in 2013. Mom went into the nursing home back in August. It was not till the first week of November was I contacted by the grandson that he wanted to pick up "her" stuff. I asked what kind of stuff and he started off with "bed". I asked "isn't she in a nursing home?" Yes. Then in a firm, scolding tone of voice, I was told by the grandson that he didn't want any trouble. I told him he could not come and hung up. He had the sheriffs office call to intimidate me. I told the sheriff I would need a copy of his POA, an itemized list of what he wanted to take from me and a formal "writ of assistance" since he wanted to involve the sheriff's department. Here it is the end of the month, I get a letter from the attorney with copies of my POA being revoked, the new POA minus it's recorded documentations. A copy of a handwritten list by my eldest sister (her wants). And a letter threatening legal action.

They can demand the items all they want, you don't have to let them in to collect. Is there something specific they feel is valuable, or is it sheer spite? I question whether they would even be able to distinguish between your items and your mother's if you had combined households. If they want to play hardball you could make a case that legally your mother should still be paying her half of the lease she signed...

She was facing nursing home per her home care nurse. This was back in the spring. I invited Mom to live with me to prevent that and she not only accepted, she never let me out of her sight. She came home with me that very day. I gave up an affordable place to live, in order to make room for my Mom, equal to the standard of living she was accustomed . Mom was required to sign a one year lease here simply because she was going to be a member of the household. A lease, that I must still abide by. I am not rich. I have a limited income myself and it is scraping the barrel to pay Mom's share now that she does not live here. On top of... this grandson wanting to come and get the majority of my household furnishings. I feel really unappreciated and USED.

Neither POA you or he, can use your POA to take personal possession of anything. It 's a "conflict of interest" and any judge will remove a POA who does that. The new POA can and should gather up all valuables and personal effects and put them in storage. I am not talking pots and pans and you know exactly what I mean.

Seems to me if she gave it to you, with clear mind and in good faith, the items are yours. Unless there are issues of needing these for her care, or if they're valuable and expensive, I don't see why you should return them.

Frankly though, reading your second post about her behavior, I question whether she was in a state of mind to execute a new DPOA naming her grandson.

It seems peculiar to me that this revocation took place on the date of her admission to a facility. Was this done by her attorney? Who else was involved? Have you seen this new DPOA to verify that she actually signed it, it was witnessed by an independent party and notarized?

fregflyer, that is the just it! She was NOT of mind to have made changes NOW, that she put in place in 2013. Mom and I combined households when she came to live with me, not to mention there is a will (also 2013) naming me beneficiary of everything. IDK if she touched that, I haven't asked. It doesn't matter. Besides she isn't dead. Mom was having both visual and auditory hallucinations. She talked to people that were not here. She is very demanding and bossy by nature and I just wasn't able to jump enough to keep her happy. Everyday she wanted to talk about financial stuff, which I did for two whole months. She was not able to comprehend and it frustrated her and me. I finally just refused to discuss it with her. She let herself out of the house and I gave her a head start, then felt guilty so I went after her and found that she went to the neighbor to get a call put through to family 35 miles away. These people did not realize Mom had dementia and would not let me in to get her. I had to call 911 to get my Mother home. She began to demand that I call family 35 miles away. I couldn't get it done fast enough for her so she began to go outside once again to cause more excitement among the neighborhood. I called 911 once again and she was taken to a wing on 5th floor pending long term care. However, the nursing home they were going to send her too... OMG! I refused to let her go there so I went and picked her up at the hospital and brought her home. She asked if I loved her that much and I said YES. This lasted exactly 2 more months. It is just basic household stuff, nothing expensive but, it is things that I need and use every day. I'm not so sure it is my Mother's doing but, rather the grandson doing per his own Mommy's wants (my eldest sister)

Holly, I see by your profile that your Mom has dementia.... what stage is she in, and is she clear minded enough to change her Power of Attorney?

Sometimes elders will give sons and grandsons Power of Attorney because they come from an era where the man knew best about finances, etc. Even if the a daughter was a CPA, her brother who knew zero about finances would be the POA. Maybe your Mom thought you needed POA first so she could give you things from the house.

Are these "things" valuable or are they sentimental? For example, giving you a house and a car would be different than giving you her wedding china and her Hummel collection.

So what kind of "things" does the grandson want?

I assume he needs to sell her assets to pay for her care? If it is only furniture and other household effects then there is probably not much monetary value, you might ask for an independent appraisal and try to work something out.
I am thinking there is more to the story... why the animosity between you, and why did she change the POA?