My mother was living with me since she had dementia and could not live by herself. My sister printed off a DPOA form without my knowledge and had my mother sign it. My mother was incompetent mentally to sign any form like that. She didn't even know who my sister was at that time. How can I have that DPOA thrown out and get DPOA myself as I am still the only advocate my mother has. My sister moved my mother to Indiana, by her, away from me, her sisters and all her relatives. My sister is gone 6 months out of the year so my mother has no one watching over her. My mother was very active, but always pleasant, so they have used drugs as a chemical restraint and now she is so drugs up that she is in a wheel chair and cannot even stand. I need to get her back home as I do not want her to die alone and the nursing home here will take her, but I need my sisters permission, which she will not fill out the forms to move her. So I need to get DPOA from her so I can properly care for my mother. Can I prove her DPOA is illegal as my mother did not have the mental capacity to sign it and know what she was signing at the time?
Depending on what State you live in, your sister may or may not have needed to have the POA notarized. If no Notary was needed, then the State would require a Witness, but the Witness cannot be the person who will act as your Mother's Agent as per the POA. If the State requires a Notary, I doubt any Notary would have found your Mother able to sign legally if Mom has serious memory issues. I know, it all quite complicated.
Is your Mother using Medicaid to help pay for her care? If yes, you need to make sure the nursing home in your area will accept Medicaid.
When it comes to dementia, a person never gets better, they only get worse. If you feel your Mom is "drugged" it could be because of the stage of her dementia. And for now being in a wheelchair, it is not unusual for a dementia patient to forget how to walk.
I hope everything works out best for your Mom's sake. Try to work as a team with the rest of the family pitching in.
What is your sister's objection to your moving your mother from her current residence to the nursing home near you and the rest of the family?