My sister took mom to a third attorney while mom has documented dementia and after going there told me she signed papers but didn’t know why.
I received a copy of this new document 15 months after it was done- lawyer recently sent it to me.
The last paragraph states “ if anyone tries to take the POA from (——-)person listed, and files for guardianship Or conservatorship, I want (——) to also be my guardian and/or guardian. Listing same person???
is this legitimate? This person, my sister has and continues to completely drain all of moms assets and monthly income.
A surprise visit from me a few days ago- no food in the fridge at all. And moms recent doctor visit showing 28 pounds loss in 3 months. And Bp 178/80. No Bp meds since June. But a blood thinner that can’t be checked and continued nose bleeds with only one ER visit.
so if the guardian would still be the same are my hands tied at this point and I have to live with the fact that this is how my mom will live her remaining life. Please send me some guidance!
What you need to do is call Adult Protection Services saying Mom is not being care of and why. Take pictures of the empty frig and cupboards. Tell them Sis is using Moms money for her personal needs.
If Mom has been formally diagnosed with Dementia, then she is not capable of making any changes to her POA or Will. As said, see a lawyer. Your Mom is being abused.
One is able to name their own preferred guardian, if they have capacity. Whether or not a judge agrees this guardian is appropriate, is another story.
Please know that fighting for guardianship can be very expensive ($10K) and if the judge thinks the family in-fighting is detrimental to your Mom, may assign a neutral, 3rd party guardian.
If you have "proof" that your Mother was cognitively incapacitated (the legal definition, not your opinion) when she created that new document, then start with this when you contact an attorney. FYI mild memory impairment does not necessarily disqualify one from legally creating those types of documents. The lawyer ususally takes the client into a separate room to privately interview them as to whether they understand (not remember) what creating those documents means to them.