How do you go about challenging a MPOA when a decision is made that is not in the best interest of the principle?

Lumberjack00: You can seek an elder law attorney as it pertains to the Principal in Power of Attorney.

It costs money but there is always the option to petition for removal of a poa, anyone who claims it’s not possible is misinformed as the poa and mpoa must act in the best interest of the principle. If their actions demonstrate substantial reason that they aren’t acting in their best interest and you have financial means to retain a lawyer you can petition the court to remove them and the court can appoint a neutral party

It's going to cost money.

Are you sure that the 2nd facility is worse than the 1st? Is it worse in a way that would significantly affect the outcome of the principal?

Less access to rehab or less access to on-site amenities is NOT a good reason. I believe you are going to have to prove that facility #2 is not as good as facility #1 with hard facts like inspection reports or finding unfavorable clauses in the contract.

Regarding stroke recovery, the best way you can deal with stroke recovery is to be as hands-on as much as you can. If the move affected your ability to be as "hands on" as the previous facility, you might have a chance.

Last but not least. Challenging the decision of the MPOA through the "system" is going to cost money. Chances are that money has been spent for deposits and facility fees, etc. Do you really want to spend all that money on challenging a decision when it could be used for care of the principal? If the 2nd facility costs more than the 1st, then you have a chance to make the change from a financial point of view.

I would see if you could mediate/negotiate with the MPOA directly, before going the more costly route, a lawyer or a professional mediator.

P.S. A good facility does not guarantee that the principal will cooperate with what is needed for treatment. In fact, my mother hated the first rehab hospital that she went to because they forced her to walk and they forced her to do things that she didn't want to do. She liked the second facility better that allowed her to say no to PT, etc. At the 2nd facility, we were eventually denied Medicare coverage because she no longer was improving (because she refused to do the PT). Once we got her home, I forced her to do the PT, She improved enough to walk with a walker on her own. Neither facility was going to accomplish that because they had standards for what her age was capable of. They were content if she was bedridden. In their mind, she only needed to walk from her bed to the bathroom.

You will need to get a lawyer to handle this one. You will have to prove "neglect" or "irresponsibility" to have somebody removed as POA. In that case, the courts may appoint a guardian ad litem - a legal representative that has no prior relationship to the person - as the one to make decisions.

The MPoA might have moved them for financial, or other, reasons.

Did you ask? If so, what did the MPoA tell you?

If you didn't ask, please do. If you did and they didn't respond to you... you're out of the loop of authority and they're not obligated to tell you anything.

Second guessing is usually unhelpful on many fronts.

No there isn't any way to challenge a POA. The POA is in charge and was put in charge by the principle. The POA is responsible for making the money last as long as it can, and etc. They are operating within the empowering dictates of their document. If there is a general POA for Financial their word often trumps the MPOA. If that person finds reason to object they may consult their attorney how best to go forward. And in fact YOU can also consult an Elder Law Attorney for options in your case in your State. Legal questions should go to experts best educated to answer them.