I had POA for my mother for 6 years until my sister just 2 days ago got my mother to sign another POA giving her POA. Is this legally binding since my mother has dementia. My mother has no concept of her financial affairs or even what she is signing. Her memory is extremely limited. My mother signed the POA with myself before she had dementia.
Thank you for your help.
Even if they forget after they signed it..they need to be able to have an understanding at the time they signed. If they have no concept of what the POA is or why they are signing it.. then no... they shouldn't have been able to sign it...
I would see an elder attorney ..she already had a POA.. what is her reason for another one?
However, it was wrong that your sister made herself POA without you transferring it to her. If I were her I would have never taken care of her, and make you do ALL the hard dirty work including sacrificing your life--but that's me. I would have never taken care of her..whoever has POA should be the primary caregiver.
Or your mother is living with your sister, in your sister's home, with your sister providing full-time care?
In the first, your sister shouldn't really need POA. It shouldn't be too difficult to refer any bills or expenses to you. Has that been happening smoothly up to now?
In the second, as I can tell you from experience, although it is possible and there are even advantages (transparency, avoidance of conflict of interest) to the absent sibling's being POA, it is overall a massive pain in the butt; and particularly so in the absence of reliable communication.
To answer your actual question: if you can demonstrate that your mother, at the time she signed your sister's new POA document, could not have understood what she was signing, then this new document is not valid and the previous POA stands.
Moving on to what the POA is actually for: who is paying your mother's bills? Who is managing her money? What, if any, accounting or reporting requirements were written into the document? And how do you want to move forward?
If your mom lives with your sister, your sister should be getting paid for her care as well as mom paying her own way, ie rent, utilities, food and transportation.
You say your sister only wants moms money, that is not true by the facts you yourself have shared. Caregiving is very trying and you basically give up your life for the person you are caring for. Your sister has done this for your mom. Your dad may have seen things one way but the reality is that your sister, not you, brought mom into her home. Making her life difficult because of a dead person's wishes is really unfair and you should be helping your mom by helping your sister if you want to honor your dads request.
Sorry if that sounds harsh but you need to look at the reality of today, not 6 years ago.
Epic fail. Back to the drawing board, sigh...