Has anyone had to have the POA in the family removed due to potential abuse of the position? if so, how did they do it?
does anyone have experience with the above? if so, how did they do it: via reporting to adult protective services or via a litigation attorney for conservatorship and/or guardianship? Any advice or pros and cons of going through this process?
As your brother has been living in the house with your mother for 10 years, it is very likely that M started off by being quite happy about it. You say that M “has been deemed with mild cognitive disorder and unable to make medical decisions”. ‘Has been deemed’ is extraordinarily imprecise. Like who ‘deemed’ it? When? After what tests? Who took her to get these tests for the ‘deeming’?
‘Mild cognitive disorder’ is also quite vague. M is not currently in a NH and is living at home with brother. Why do you think she should go into a NH if she is coping OK at home? It seems likely that brother is the POA, and M may well have made him POA well before she had any ‘tests’ or was deemed to have any problems at all. Is living there the ‘potential abuse’ you are suggesting?
It sounds as though the situation is annoying to you, you would like to get M into a NH and get brother out of the house. I don’t think this site is going to be any use to you at all!
“Potential abuse of the position”? That “potential” exists in every POA situation. You are going to need some clear evidence of ACTUAL abuse before you stand any chance of doing something about it.
Q: Did she clarify the "abuse" ? I was certain it was a "physical abuse" at 1st reading but was it not? This one is just hard to figure .... I'm asking b/c I keep needing to question more ...
Why would you want to remove this person who has POA, and who is this person responsible for?
If Memaw appointed her son, Fancypants, to be POA, generally Memaw is the only one who can remove Fancypants from that position. Memaw can do that by filling out and having notarized forms removing Fancipants as her POA, and in my state Memaw would have to notify Fancipants in writing that he has been removed. No reason has to be given.
However, if you, as a bystander, decide you don't like Fancipants and he isn't acting in Memaw's best interests, you need to see a lawyer and explore what actions you might take. The lawyer will no doubt advise you that unless Memaw is incompetent, she may appoint anyone she wants for her POA. Even Fancipants.
Start with APS for advice. May be as simple as them visiting, reviewing records voluntarily and reassuring you.l If not, see an elder law attorney. Provide any PROOF you have of malfeasance. For instance if you know abusing finances, how do you know this? They are NOT beholden as POA to provide YOU with any proof, only a court official can ask this of the POA due to privacy rights of the person who made them POA.
So if you suspect abuse take your proof to elder law attorney. He can apply to the court to ask for a review by the POA. If POA bring in adequate records and there is a home visit that goes fine then that will be that. Yes, you will be paying for all this. It is no small thing to call a POA into question.
A fight for custody and guardianship may be a real bad thing and can go to the 10s of 1,000s. And ultimately the court may remove the senior from the care of both and put into place a court appointed fiduciary who will take over POA, placement, expenditure. They charge for their services. Family will have nothing to say regarding the elder.
Dnajaras, what exactly is your main concern? Your brother as POA? You said that you are not hands on and live many miles away from your loved one. Who is currently caring for your parent? If you believe that your LO is in danger, you should report it immediately.
I had a brother who abused my mom and had a really hard time finding someone to help me get him removed. I believe laws need to be changed. My mom has passed now and I would love to help anyone help me get laws changed.
Same thing happened with me. APS was useless and believed whatever he told them & the police said it was a civil matter.
There are no laws to protect the elderly from POA abuse. I even contacted my state senator, representative and the attorney general. No one could help!
They all said that you’d have to hire a lawyer. Think of what we pay APS in salary, benefits & pensions…….what do they really do?
Just be careful ... I'm no estate lawyer nor a certified public accountant ... Just realize that an heirs slander, libel or defaming your heir could be found as "tortious interference" with inheritance laws in some states. TORTIOUS INTERFERENCE WITH CONTRACTUAL RELATIONS is cause for action and can arise when a claimant (“plaintiff”) is deprived of an inheritance or gift as a result of wrongdoing by another (“defendant”) against a third party that prevents the third party from providing the plaintiff a gift or inheritance. Is he a "drug addict" with "Cognitive Disorder" ... publishing either will seal your fate if a physician or mental health professional diagnosed fancy pants ... a qualified doctor(s) diagnosis and any prescription. Because you might have nailed it! And that is probably worse for you was it stands. You should find fancy pants and talk about it. What was the POA for anyway ? Is he on a "Specific POA" for a "one-off" task or is it a broader POA? What do they both say about it "together" ???
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‘Mild cognitive disorder’ is also quite vague. M is not currently in a NH and is living at home with brother. Why do you think she should go into a NH if she is coping OK at home? It seems likely that brother is the POA, and M may well have made him POA well before she had any ‘tests’ or was deemed to have any problems at all. Is living there the ‘potential abuse’ you are suggesting?
It sounds as though the situation is annoying to you, you would like to get M into a NH and get brother out of the house. I don’t think this site is going to be any use to you at all!
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If Memaw appointed her son, Fancypants, to be POA, generally Memaw is the only one who can remove Fancypants from that position. Memaw can do that by filling out and having notarized forms removing Fancipants as her POA, and in my state Memaw would have to notify Fancipants in writing that he has been removed. No reason has to be given.
However, if you, as a bystander, decide you don't like Fancipants and he isn't acting in Memaw's best interests, you need to see a lawyer and explore what actions you might take. The lawyer will no doubt advise you that unless Memaw is incompetent, she may appoint anyone she wants for her POA. Even Fancipants.
If not, see an elder law attorney. Provide any PROOF you have of malfeasance. For instance if you know abusing finances, how do you know this? They are NOT beholden as POA to provide YOU with any proof, only a court official can ask this of the POA due to privacy rights of the person who made them POA.
So if you suspect abuse take your proof to elder law attorney. He can apply to the court to ask for a review by the POA. If POA bring in adequate records and there is a home visit that goes fine then that will be that. Yes, you will be paying for all this. It is no small thing to call a POA into question.
A fight for custody and guardianship may be a real bad thing and can go to the 10s of 1,000s. And ultimately the court may remove the senior from the care of both and put into place a court appointed fiduciary who will take over POA, placement, expenditure. They charge for their services. Family will have nothing to say regarding the elder.
If you believe that your LO is in danger, you should report it immediately.
There are no laws to protect the elderly from POA abuse. I even contacted my state senator, representative and the attorney general. No one could help!
They all said that you’d have to hire a lawyer. Think of what we pay APS in salary, benefits & pensions…….what do they really do?
thanks susziq
and yes, documentation can be relevant
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