Back in March of 2022, my mom got mad at my sister and wanted her off her bank accounts, and revoked her dpoa. We had not spoken since then, until my mother had to go to the Er on November 30, 2022 and we found out that she was in Afib. My sister called me that night drunk of course, and said that this is all about mom now and her health and nothing about the money and wanted to put everything behind us and start over. Everything seemed to be going good or so I thought. Then one night she called me to see what mom’s test results said that day and as the conversation went on and she got drunker she said that eventually mom wasn’t going to remember anything at all and even though it is going to be hard and probably break her heart for her own self she was going to have to step away. Now she won’t respond to my text or call me and won’t call or go by and see my mother hardly. I now take care my mom to all her appointments, make sure she has groceries and is eating trying to keep her clean make sure she takes her medicine and doesn’t drive because she has dementia (which we don’t have the diagnosis) she also has maculate degeneration in her eyes and has a hard time seeing. I don’t know what to do since I have no poa and don’t know if the judge would give me or my brother or her or someone else guardenship because the dpoa of attorney says that if it becomes necessary her and her husband get guardianship. Plus my mom’s heart is only working at 25% and now the dr is recommending a heart ablution that takes 3-5 hours. This situation is very scary for me to be in since legally I can’t make any health decisions if anything happens during this procedure. Also we live in Mo. Does anyone now what I can do?
Another option is to download the DPoA forms online at Legalzoom.com and Rocketlawyer.com. One original for your Mom and each DPoA. Follow the instructions on how to legally finalize it (signing it before a notary with 2 non-family witnesses in most states). This is what I did with my Mom and it is a good option as a last resort.
If ur talking about sister gets guardianship automatically because she has DPOA, that ain't so. Many a person has overridden a DPOA by getting guardianship. You go before a judge and explain why u feel you should have guardianship. Needing to prove DPOA is not doing their job. The DPOA states their case and the Judge decides. Guardianship is an expensive process. The person your seeking guardianship for needs to be incompetent. And because your sister seeks guardianship, doesn't mean her husband automatically gets it too. Your sister has backed away, I doubt if she will take on guardianship. Again, Mom requesting in her POA does not make it so.
From what I read heart ablation is a simple procedure. I also read it can take 3 to 6 hrs depending on the seriousness of the AFIB. Have you read up on it?
Here is a site that describes the procedure.
https://www.afanswers.com/us/en/resources.html?gclid=Cj0KCQjwtsCgBhDEARIsAE7RYh1oolrU89J2kEtsDFLIUYq6hbhVyKU5l03Gxy_Tnz7PwtVYTe1RY2QaAjxXEALw_wcB#cardiacablationus
If your sister hold Medical POA she may have to get involved with the decision making. I would give her ph# to the doctor and have him call her. All she has to do is carry out Moms wishes.
Now, Sister is POA. Call her when she isn't drunk. If she wishes not to be POA are you the second?
If you are not the second is Mom still competent to appoint another POA?
If Mom is not competent to appoint another then it will be more difficult for sister to get out of her fiduciary duty under the law. She will have to resign by lawyer letter. You will not be able to be appointed if your Mom is not competent to do so and you are not already on the POA papers as second. If you ARE second then you take over.
It will be unusual circumstance if you Mom needs emergency intervention at this time. If so, the docs will consult with next of kin if the POA will not speak with them. Decisions will be made with the kin and the doctors. You may need temporary guardianship in some rare circumstances. As for Social Services to help you there.
If Mom is currently hospitalized then call Social Services. Present any papers, phone numbers for sister, etc. and tell them what you have told us. They can help you.
Best of luck and hope you will update us.