My mother is 88 yrs old and she appointed my sister as medical POA. She now wants to change her MPOA. How does she do this?
My mother got sick and had to spend a few days in the hospital then she went in a nursing home for rehab. While there, my sister decided to leave my mother there for good. My mother wants to be home. What can I do to get her out?
Um. Your first question should be: why did your sister decide it was the right decision to place your mother in permanent nursing care?
If your mother is competent - if she is of sound mind - then she doesn't need your sister's permission to return home anyway. MPOA does not override the decisions of an adult with mental capacity. Your mother can discharge herself from the NH and go home.
If your mother is not competent, and your sister's MPOA is of the durable type, then your mother cannot revoke the MPOA and cannot create a new one.
So either way, the MPOA isn't really the issue. The real issue is, what options are genuinely going to serve your mother's best interests? Before you rush in there, be very sure that your sister's decision wasn't the right one.
2 Answers
Helpful Newest
First Oldest
First
If your mother is competent - if she is of sound mind - then she doesn't need your sister's permission to return home anyway. MPOA does not override the decisions of an adult with mental capacity. Your mother can discharge herself from the NH and go home.
If your mother is not competent, and your sister's MPOA is of the durable type, then your mother cannot revoke the MPOA and cannot create a new one.
So either way, the MPOA isn't really the issue. The real issue is, what options are genuinely going to serve your mother's best interests? Before you rush in there, be very sure that your sister's decision wasn't the right one.
If competent Mom can change her POA any time she wants.
ADVERTISEMENT