If a family member has POA, can a conservator take over the finances?

it is possible that there may be other circumstances that I am unaware of. My concern now is that the current guardian is neglectful in personal visitations and therefore, can not possibly make decisions for the elderly person that would be in her best interest. She knows nothing of her medical or mental conditions. I have tried to get another court hearing to appoint a third party conservator/guardian, tried reporting to Social Service about the Guardians' lack of interest in her charge, nothing seems to help. I was hoping that since the daughter already had POA, that she could somehow over ride the conservator. Your answer has been very helpful. Thank you!

Conservatorship is given to someone after a long court process involving investigating the care and situation of the patient. At this time,the daughter, POA, must not have been effectively using her POA as if she were, no conservatorship would have been necessary.

At this point the only thing to do is to appeal to the courts to replace the conservator, but since the POA was not made conservator before, its highly unlikely that she will be now...another third party conservator would likely be appointed. It is part of the conservator's responsibilities to keep the finances of the patient private...which is why the daughter has no access to them any more.

There is definitely more to this story...why didn't the daughter POA fight for conservatorship for herself in the first place... was she not effective in her care? Are there other circumstances not being shared that could change our answers here?

Angel

Why people have to be so greedy these articles make me sick to my stomach.
So does my husband situation, his only sister has mistreated neglected and committed emotional and financial abuse against their mother who now suffer dementia. After their step dad pass away she move to KC from Colo. we thought with good intention to be close to her Mom and help my husband look after her.
She was doing well on her own not sick taking care of her own business writing her own check paying her few bills . She had no house payment she had stock from her job she retired from and widows pension from my farther-in-law and scc coming in. Two checking accounts some land in a small town 200 miles away. Things change after a couple years with my sister-in-law she start getting more controlling of her mother and my mother-in-law started withdrawing more and more would not say much when we can to vist my sister-in-law would never leave us alone I found that to be strange, My sister-in-law move next door in my mother -in-law house she told us she give her the house. We thought that was great someone would always be near her as she got older. We lived 30 min away. My husband is very close to his Mom and was visting all the time so I was glad he would get a break. Not so with his sister acting so helpless and moving from the big city Colorado retire Military administrator she play real dumb like she could not find her way around to do anything so we thought. With in a few years time we found out she change her mother will put everything in her not took my husband name of the land that was 200 miles away came out to the small town we live in took all there mother money out of the bank drain her widow pension her stock took a 40,000.00 loan out in her mother's name and remold her house while her mother home is falling apart and the payment or coming out of her mother social security check. Her mom can't take baths because it's one of then old tubs that really high off the floor her mom ceiling in one room was falling in, Its fix now but not by her the city fix it one of then government projects. She has forge a lot of papers and we have the prof now. She would not allow us to take our mother home with us for a vist, or go on an outing with out her going and that would never happen. Her daughters finally found out the truth found their grandmother in a bad way and needs to be in a nursing home and call us to call the authorities on their mother she change the lock on the door so my husband could not get in his own mother house. She had to move in with her mother in the raggedy house that she hated because bugs rats. just found out she is renting her house next door she spent the loan money on. I'm hoping we can get some of that money back to help pay for m mother-in-law nursing home care. I have reported her to elder abuse hot line. And have gone to SCC to take over Payee account. Will be looking for a nice nursing homr for her. I going to try my best to see that she pays back the money she owns to her mom. How can anyone treat there mother that away it sicken me. It's 9 of us and we treasure our mother. sorry if I miss spell but I'm tried and its late