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It was explained to me by a judge that POA is given by someone with Sound Mind. Guardianship is given by the court for someone who is Not of sound mind. I would want to see the paperwork. If they had your mother, who has dementia, sign a form then it is not legal and valid. Any judge will negate it.
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Reply to LaurieEV
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Is this a notorized and attorney drawn POA? If this is legally drawn there is little your mother can do if she is not competant.

Does your mother wish to change POA? If she does have mental capacity to change?

Who is the "someone" that has POA? Why does the family oppose the person with POA?
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Reply to AMZebbC
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No one GETS POA. POA can only be GIVEN, that is to say that the Principal (in this case that's mom) confers upon someone the POA. This paper should be done by an attorney who carries out an examination as to the legal competency.

Being diagnosed with Alzheimer's doesn't necessary equate with an inability to do this legal document. What matters is the legal exam and whether mom shows legal competency and understanding or does not.

Sadly you have provided us with no details here. I can only tell you that my brother, when diagnosed with "probable early Lewy's Dementia" was able to quickly ask me if I would serve as Trustee of his trust and as his POA. He was fully capable of requesting, and conferring upon me that duty with it's rights and its obligations.

Since you are giving us ZERO details here, I am going to refer you to APS. Call them to open a case. Have present any PROOF you have of a diagnosis of dementia, legal incompetency of your mom, and of fraudulent wrongdoing by the "someone" you are accusing.
Good luck.
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Reply to AlvaDeer
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BurntCaregiver Mar 18, 2025
@Alva

Sadly, the senior family member with dementia can change their POA every other day to someone new if they want. So long as they can showtime well enough for a little while. The law does nothing to help a family when this happens.

I've seen seniors change POA's and even Wills because some family member doing a good job for them and treating them well can't be at their beck and call 24/7 to entertain, take their verbal abuse, or fulfill unreasonable, asinine demands they get fixated on.

This usually ends with some scammer getting POA because they will temporarily agree with them, they tell them how right they are, pay more attention to them, then join in the bad-mouthing of their current, usually honest POA until they get themselves put on the legal paperwork. Or it's a case of the demented senior and the scammer being 'in love'. I've seen them all.

I got lucky and the court gave me a restraining order against a person who was harassing me about my POA and the person I had it for. That's pretty unusual.
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