POA for my Mother. Is this legal?

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Life2sh Asked November 2016

POA for my Mother. Is this legal?

My Mother was diagnosed with Alzheimer's 2 years ago and she appointed me as her POA. My sister who lives in another state came to see my mother in assistant living 2 months ago and took her to a lawyer and had her sign POA to include her. My Mother lived with me for 3 1/2 years prior to being diagnosed, and another 2 years after being diagnosed. My sister visits 3 days a year and my other siblings don't come at all. My sister is now demanding all my Mothers financial records on a monthly basis. I am a single Mother with 2 children and 2 jobs. This was my Mothers biggest fear for me, was that my siblings would cause trouble, that's why she appointed me. My Mother was not competent when my sister did this and I have doctors notes to reaffirm this. I am so worried about giving her any checking or account records. My siblings have been caught stealing from me mother before. Of course nobody asks about her health, just threatening emails all the time. Is this legal? I would apply for guardianship but cant afford it. Advise please.. all alone

Power of Attorney (POA)

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score 0 · Answer 1

Life2sh, gather up all the financial records since you have been POA. You're going to need them, AND the lawyer. Medical records too.

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score 0 · Answer 2

When i explain what she did, she doesn't remember and gets upset. She tells me that is not what she wanted, and to get my sister off the POA. But 5 minutes later she need explaining again but does give the same response. I have letters from her neurologist and primary doctor that she was not competent when my sister took her to sign these. I also have a doctors letter from when she was diagnosed. My sister's lawyer insist that my mother was confident at the time. I'm not sure if my sister told her attorney she had Alzheimer's or not, I have a feeling she didn't. I consulted a lawyer and he said I might have to go to court. My siblings have no idea of the state of my mother since they don't come see her and only call for 5 minutes once a week. I truly cannot afford this. Should I contact an elder attorney? I hope they're not expensive.

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score 1 · Answer 3

If your mother is not competent now (and 2 months ago) to appoint a POA, then that change in not valid.

If she is competent (understands what it means) then she can simply rescind that change and put you back to being the sole POA.

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score 2 · Answer 4

Life, despite the Alzheimers diagnosis, is your mother able to understand legal affairs enough that she could execute a new POA, or would she be unable to understand the basic principles of executing a POA which replaced the earlier one?

If the latter, and assuming that the diagnosis of a few years' ago was made by a doctor qualified to do so, it seems to me that the new POA wouldn't have been valid.

Do you have anything in writing addressing the Alzheier's diagnosis?

If you can afford a consultation with an elder law attorney, preferably the one who drafted the first POA, do so, and ask how the newer POA can be rescinded. An attorney would probably first contact the attorney who drafted the most recent one and advise him/her that your mother was in fact diagnosed and isn't able to understand the ramifications of executing a new POA.

If that doesn't work, he/she can report the attorney to the State Bar Grievance section for disciplinary action, if there's sufficient evidence that that particular attorney knew of the diagnosis, or could recognize that your mother wasn't able to understand the ramifications of executing a new POA, yet went ahead with the new document anyway.

That might get the attorney to cooperate and advise your sister that her appointment isn't valid.

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POA for my Mother. Is this legal?

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