An individual with a POA had a son buy a home from an elderly lady, with the condition of a life estate. They moved the elderly lady out of the home and into an assisted living facility. She wants to move back home, and with proper supports, I believe would be successful. Her internet and phone have been removed with statements that say they don't want her to have access to funds (which she has been responsible with) or a phone to call a taxi (so she can go home). A) She can't go home without getting her driver's license and B) She has lost her life estate (but hasn't told her that). Instead, she loses it after 12 months of not living in the home. So much seems wrong here. I reached out to senior services who state it is a legal matter. Not sure what to do, afraid to rock the boat. She doesn't even know that a power attorney doesn't have the right to tell her where to live or that she can revoke it. Furthermore, they are trying to make her eligible for Medicaid, but I am afraid the life estate sale (2 years ago) will mess that up because they moved her out right after her husband passed and it has only been about 1.5 years since the below market sale (considering the life estate).
What is the best way to deal with this? I have not seen the power of attorney, but it seems like self-dealing to me.
Who are you in relationship to the elderly lady? If you are not a close family member, and the elderly lady doesn't have an actual medical diagnosis of cognitive/memory impairment/incapacity then she can do what she wants -- and will need to do it on her own, since she thinks she can move out of AL and back into her home (which doesn't even seem to be hers anymore...). You are implying that there is financial abuse going on. Then help the elderly lady gather the evidence and take it to a certified elder law attorney.
A PoA does have the power to decide where the principle should live (to get appropriate care in their best interests) if their authority is active per the PoA document (and this is usually one or two medical diagnosis of incapacity).