I have POA on my Mother with Dementia; however, my sister had my mom sign papers revoking my status. Is this binding?

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I have POA on my Mother with Dementia; however, my sister had my mom sign papers revoking my status. Is this binding?

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I have total POA on Mother with Dementia. I am in VA. My mother lives with my sister in AL. She recieves an allotment and medicare. My sister had my mother sign papers at a lawyers office to revoke my POA status. Is this binding considering my Mother is not competent.

Power of Attorney (POA)

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Your mother has to be competent to sign legal documents, but that is competent in the eyes of the law, not necessarily what you or I might judge competent. People with dementia may be legally competent, depending on the stage and the degree of impairment.

Has your mother ever been formally declared incompetent? By whom, and when? That would be your basis for contesting this.

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I'm no lawyer - but was your mom declared not competent by a court of law prior to her signing the paperwork with your sister?

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Why should someone else be p.o.a.when u seer the o.e there. Doing evrything!

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I would take this to the person or lawyer who had you sign for the POA and deal with it. If your mother has dementia and has been diagnosed I would gather your sisiters form is invalid.

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I had this done to my sister as well as my mom was diagnosed with demential but had enough cognitive ability to know what she wanted. She just can't do things like finances and her meds but she still is not way out there enough to not know what she wants done with her money. As long as she was not declared in court and a laywer with witnesses did the change it is valid. Being diagnosed with dementia does not mean you are totally incompetent and that's what it sounds like you are saying. It is binding and I know that from personal experience. Hope this answers your questions.

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I think you could have a contestable issue here especially if when she made you POA it was years ago, before her mental decline. However, to contest it would take an attorney, court and lots of $$$. It would also take your time to pursue it and could be months or years before the issue could be resolved...and quite possibly not in your favor. Yet, a rift between you and your sister would probably be created (if not already) and remain. Legally contesting it would not be quick or cheap and perhaps not beneficial to you. But, that is an option. You have to weigh how important of an issue this is and if you're willing to take-on the consequences.

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If you have POA why is your mother with your sister? Seems to me you would have your mother in a home or living with you. Your mother got to think your sister is the one that cares about her because that's who she sees all the time .our family just had that happen,with my mothers house and finances.because he has been living there we made the mistake of 1 poa instead of 2. He told her nobody else loved her and he would turn the ringer off.so she thought that way.

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It can be challenging when the person who has 24/7 in-person responsibility is not the person who has decision-making powers. It can work out beautifully, too, especially if the two people work closely together and see eye-to-eye about the loved one's care. But if there are conflicts or lack of communication, the situtation can become an obstacle to providing the best care possible.

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Like mentioned above, the POA should be with the person who is taking care of the mother. But, please let us know how well she is being taken care of and if there are reasons you would not want to give your sister the POA. It is hard, I am sure, to care for someone without the ability to pay for things and sign for things and in general have your hands tied.

If you feel she is not being taken care of or her money is being used unwisely, then by all means take the initiative to have her live with you or at least remove her from your sister's care.

My brother has my Mom's POA, they also live in Alabama. I live in Florida. However, I am retired and my brother and his family are not. So when the time comes for help he will be looking to me to do all the work. The only way I will do that is move her to Florida and give me the POA.

And yes, she can change her POA at anytime unless she can be proven incompetent. Hope that helps a little.

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I agree with all of the above. My sister was POA and did none of the day to day caregiving. When I needed money for mom's apartment (we live in a duplex with her on the top floor and us on the bottom) my sister would make us go through hoops to get reimbursed. She never told mom how much money she had or what she was using her money for. So mom asked her brother to be in charge of her money which took both sister and I out of the loop and I have medical POA for mom since we are her caregivers. Sometimes the POA's just want to be in control and let everyone think they are the best children around and meanwhile they do nothing to take physical care of the parent. They are jus the bank and don't tell other family even the parents what is happening with their money. We learned the lesson from Mickey Rooney when he went to court because his daughter and son-in-law would not let him in on where his money was going. We had to have protective services investigate my sister (POA) and she had to give all the money and power to my uncle but she could not account for 6,000.00. She had moms money in 5 different accounts and even the Protective Services lady was shocked how she hid all the funds. Make the POA someone who can be trusted and will do what is best for the person needing help. Now I don't speak with my sister, my mother dislikes her tremendously but my mother's well being is the first priority both physically and financially.

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It depends on whether or not your mom was competent when she signed the papers. You and your sister should have a conversation about what is best for your mom, find out why she had your mom sign the papers making her POA, is it because she needs to sign medical records on your moms behalf or help your mom in another way in which requires your sister to be POA or does she have anothe rmotive?
Sarah,

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I have POA on my Mother with Dementia; however, my sister had my mom sign papers revoking my status. Is this binding?

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