We never received a phone call that the hospital needed someone to be the POA. My mom is now in rehab and said she doesn't remember signing the form nor would she have chose him. This is the 2nd time she's ended up in the hospital since she moved in with him. She's scared to tell him how she really feels about him. We need to know how to have him removed as her POA. Please help us. We are so angry and hurt by this whole ordeal. He's being a jerk and wont let us get her belongings including her car. I'd truly appreciate any advice. Thank you!
Sincerely.
Donna
5 Answers
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No, siblings do not need to be made aware who a parent has assigned POA to. If she is living with brother I can see where staff would think he is the one who should have it.
It was needed for me to help him and he understood what he was signing when he signed it.
Are you planning on taking mom in when she leaves rehab? Because if not, you should not try to take this over.
Seniors end up in the hospital, it doesn't matter where they live. Do you feel like your brother did something to land her in the hospital? If yes, then you need to file a complaint with APS.
Otherwise, be thankful that he is willing to help and show him the appreciation that he deserves for stepping up and giving her a place to live and taking care of her. It is not easy to have a parent live with you.
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Was your mother on that date of sound mind on that date?
Then he is currently her POA and it doesn't matter whatsoever that you did or did not know.
Is your mother is STILL of sound mind, and wishes remove your brother as her POA and to assign YOU as her POA? She is free to do so.
If she has dementia she cannot assign a new POA.
If she was of sound mind when she signed, but now has some dementia, she may not remember having signed this form. But the form would remain legally intact.
If you have reason to believe your brother is acting fraudulently or abusively you can open a case with APS or you can see a lawyer about applying for guardianship.
Guardianship is a costly and frought undertaking. Expect to throw about 10,000 away in any contested application before the court and know that Judges do not look kindly upon families at war over an elder who is still living, and may in fact take guardianhip from the family and assign it to a Fiduciary who will act for Mother's best interests accountable ONLY to the State and to the court. At that point you will have ZERO to say about Mom, including placement and investment, expenditures of her money.
Tread carefully.
Just today Geaton posted in discussions Family Arbitration information. This sounds like a good use of it. If you can't find the post let me know by private message and I will send you the info.