Can someone help me? My Uncle is in hospital it has now been decided by CCAC and discharge planner at hospital that my Uncle should not live alone anymore and needs 24 hour care. He has not been deemed incompetant and is not delusional does not have dementia. They wanted to speak to POA his Daughter. She has decided with hospital approval that she will move her father out of his home and city and take him to live with her. He does not want to live with her he wants to live with his neice who she hates. Can he make his own decisions regarding his care if he is of sound mind? I basically need to know if when she can enforce POA?? Someone please help it is urgent situation. Oh ya she has some kind of paper from hospital and a JP has stamped it
It is nice the old man actually has people fighting to take him, too many have no one that even cares. Instead of being confrontational go to the daughter as a loving cousin and see what you can find out, you know that saying about catching more flies with honey! I don't think you are going to be successful in preventing this move, at least in the short term. If you become part of the team you will have a better chance of influencing things in the future.
Are you the niece? There was a post almost identical to this one in the last few days.
You also need to read the specific language of the POA to determine what rights the proxy has to make decisions for your uncle. Jessie's first paragraph also addresses revocation of a POA if the daughter is not acting in accord with your uncle's wishes.
What kind of "paper" does the daughter have from the hospital? Discharge papers? And what's a JP - I'm not familiar with that term.
Or he could just move in with the niece and keep the daughter on as POA if everyone would be okay with the arrangement.
Are you the one who wants to take him in? What could you provide for him that his daughter could not?
Is this meant to be temporary until he recovers, or is the plan to get him on the list for long term care?
While it is true that POA doesn't give the daughter the legal authority to override his wishes in reality unless he is prepared to fight this with legal action you will be better off to try to make the best of his new situation.