My 80-yr-old mother has dementia and has just been placed in a nice ALF, which she hates. It's 100% in her best interests. I have POA and am the acting beneficiary on her trust because two different physicians have stated that she lacks capacity. A former neighbor is trying to set up appointments with lawyers to "help her." I have intercepted the most recent appointment and the lawyer canceled once he learned what was happening. I question this woman's motivation as my mother is clearly agitated, paranoid, and confused. How should I address this? Can I have a lawyer send her a letter saying to knock it off? Has anyone done this?
Have a strongly worded letter written up by the lawyer advising this nosy neighbor to cease & desist all actions immediately AND to stay away from your mother and the ALF she's living in.
Best of luck.
Some people are too bored I guess.
Yes, you can address it. You SHOULD. You are POA.
Make it clear to the ALF she is not to visit and make it clear to her with a lawyer letter.
Tell the ALF she should not visit. Tell them to notify you if she does, and let them know what she has tried to do.
If this doesn't work, it is time for a lawyer and a "stay away order" from the court, telling the court what she is doing to a demented person, and the hurt and harm being done.
Do it today.
Any neighbor who truly means well would speak honestly with both the child and the parent and try to assist in doing the right thing for the parent. My own neighbors are friendly and offer to help, but we all know that when I really need help in day-to-day living I need to be looking to move to a care facility, not expect neighbors to do my chores for free. This winter we had unusual snows. When they checked on us, we assured them that we brought in firewood for the fireplace and stored extra water in the refrigerator when the storms were predicted, thanked them for their concern, and asked if they were also prepared for a few days of cold and unpredictable power. Neighbors do look out for each other, but not like family. I would be highly suspicious of a neighbor who wanted to get me or an elderly relative a lawyer without involving the family.
The best thing to do is to get the neighbor onside. Explain the declaration of incapacity, explain your authority, explain that your POA was *given* to you *by* your mother in order for you to protect her best interests. Treat the neighbor with openness and respect and with any luck you'll find her helping to pour oil on the troubled waters instead of stirring them up, and helping your mother to settle in her new home. Make her an ally.
There are also two Don'ts in your post.
Don't tell your mother the ALF is nice. She doesn't think so. She's entitled not to think so.
Don't block trustworthy, objective advisers. Of course you don't want false friends encouraging your mother to challenge her admission to the ALF and hiring dodgy lawyers. Of course not. But that doesn't mean you have anything to fear from genuine friends taking a genuine interest and checking that all is well. This too can work in your favour. If your mother currently sees you as the enemy she won't believe a word you say; but if her own circle get the point and have the time to go through it with her (over and again, sigh) your mother is more likely to be reassured.
When my Mom entered the AL I was asked to make a list of people who could take her outside the building. No one should be allowed to take Mom out of the building without you giving permission. You also have the right to have the woman banned if need be.
If you exhaust the “be part of the team” option I would warn her directly she needs to stop, asserting your authority which you have already made her aware of and then if she still isn’t listening keep stepping it up until she does. This may require banning her from visiting Mom but if there is a system for taking patients out I would start with not allowing anyone other than you and any family members you want to to take her out and then move on to not allowing visits if necessary. Step it up rather than throwing it all at her at once, it’s probably beneficial for your mom to have as many visitors as possible providing they aren’t causing problems. Since your mother has met the legal requirements for incompetency she can’t legally change things or do anything financially without you so while an attorney might be fooled into drawing up documents no one should be able to move your mom out of AL for instance without your agreement or do something with her house or bank accounts and the new papers would be null and void as soon as someone tried. If you haven’t already had to file the paperwork with the bank saying DPOA is now in effect and are concerned you should make them aware of her incapacity and see about putting a flag or something on the account that prevents your mom from doing anything without you.
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