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Would need to know more about your situation, does the person have dementia, if so then no they could not change power of attorney, if competent yes they can revoke the current poa and do another poa
This is an interesting question. My mother was diagnosed with moderate dementia and is in a nursing facility. Lately she has been wanting to revoke POA . She wants to contact her attorney and seems to be understanding the process. I'd be interested in more discussion on this topic.
I've prepared hundreds of Durable Powers of Attorney over the years. They always include a section revoking any prior power of attorney signed by the signer, e.g., "I revoke all prior General Powers of Attorney that I may have executed." As mentioned above, the signer must be legally competent to sign the document for it to be effective.
It is important to differentiate between a medical diagnosis of dementia and a legal judgment of legal capacity to contract, i.e., sign a durable power of attorney. It is possible that a person diagnosed as having dementia may nonetheless have the legal capacity to sign (or indicate someone to sign on their behalf) a durable power of attorney. The critical test is if the individual understands what he or she is signing, as well as the impact of the document.
My husband had Lewy Body Dementia, which is characterized by great fluctuations in cognitive and other abilities. I explained this my lawyer, who was bringing papers to our home for my husband to sign. She said if he was having a "bad day" and couldn't understand the papers she would simply come again.
As it happened, the first time she came out he was having a good day, and understood the concept of having someone else authorized to act on his behalf, and was able to discuss his health care directive coherently and in some detail. He had a diagnosis of dementia, but he was still capable of understanding the Power of Attorney document and the Health Care Directive, and his signature on them was perfectly legal.
Yes, we lawyers look for a "lucid moment" and quickly explain the document and satisfy ourselves the client has sufficient mental capacity at that time to understand the document. That's when we can have it signed. Even if the client does not remember anything about it 20 minutes later, that will not invalidate the document. Note, however, that if there is family discord, it's possible that someone who does not want the person named as agent in the document to so serve may well challenge it. However, in the normal family situation, this would not occur and the power of attorney will be of great help to the family.
Dementia DOES NOT MEAN YOU CANNOT CHANGE YOUR POA. My dad had moderate dementia when he changed his. He was lucid enough to know exactly that he wanted my brother removed and indeed did that. Unless he is declared incompetent by a judge in orphans court, he still can have enough wits about him to change both is will and his POA.
my mom signed over a poa and the health one there's actually two versions of POA. she's diagnosed with dementia. she tried to everride it because my brother tried talking her into it when she was in a good state of mind. But that good state of mind lasts minutes or hours.. so the court ruled no against her and him. He had alterior motives, but she did sign the poa before she had dementia. having said that the court ruled that even though she was having a clear moment- that cleared moment isnt really clear at all... they get the facts confused. btw- she shuld have a will signed also to back up the pao... Hope this helps..
I have a question here. My mother has Alzheimer's disease and dementia to the point where she remembers me only if I sing to her and even sometimes when i am right in front of her. Anyhow, her adopted son somehow changed all her stuff to himself as her guardian and had my mother's biological son (my brother) taken off her papers. My brother doesn't want to mess with it because of the stress and plus his wife has had two strokes so he asked me if there is anything that i can do to take back the control from this young money hungry dude then do it. My mother hasn't been to the doctor since 2011. My mother's nurse hasn't been to the house in a very long while and her house stays filthy. this boy has moved his girlfriend in mama's house and they are spending up all her money. I am running a rat race here because APS (Adult Protective Services) did nothing whatsoever when they were called not once but several times on this. I need to try an get guardianship but I just do not have the funds to afford an attorney and legal aid said they do not deal with laws like this. So is there anyway that I could override his power of attorney by getting another one in some sort of way since my mother is not competent enough to sign any papers? Please is there anyone out there that can help me to get my mother out of that mess?
dimple54, when you say that your adopted brother is the guardian, how did that come about? A guardian is appointed by a court. It is a Big Deal. It is not done in secret. You and/or your other brother could have objected at the time. Did you? Is your adopted brother really the legal guardian? How do you know? How long ago did this happen? (I'm only referring to him as your adopted brother because you made a point of it. Adopted vs biological will not mean zip to a court in this matter.)
What is this money-hungry son spending Mom's money on? If you have evidence that he is fraudulently spending his Mom's money on anything but her own needs, you have grounds for questioning his guardianship in court. If you have called APS several times and they find no cause to intervene, I wonder what evidence you have. Apparently your idea of "filthy" must not be serious in their eyes. Why was a nurse visiting the home? Why did that stop? Is the girlfriend doing caregiving? My mother had a weekly nurse visit, but that stopped when she lived with my sister, as my sister could perform those services for her.
How often do you visit Mom? How is she doing?
As I understand it, even if you could get your brother's guardianship overturned, the court would not necessarily appoint another family member in that role. A professional might be appointed, and it is possible that Mom would be placed in a care center.
Your other brother does not want the stress of guardianship, if he could get it. You do not have the funds to try to go after it.
How about visiting Mom frequently, maybe cleaning up a little of the filth, and trying to make her life the best that it can be for whatever time she has left?
My grandpa has been in a nursing home for almost a year. He appointed my uncle as a power of attorney 6 months ago, he has been abusing his power and has not been visiting my grandpa, sharing medical information with him, spent all his insurance money from the halloween flood and refuses to pay his insurance to keep it active to be covered towards his bill in the nursing home.My grandpa wants to put me as the power of attorney but we need a document stating that he has a right to override the previous poa?? is that necessary?
Ash, talk to the Social Worker at the nursing home and ask them to investigate Grandpa's finances. In a case like this the authorities need to step in , this is financial abuse of an elder.
Ash your grandpa can certainly revoke the POA. You neednt go to a lawyer. The forms to revoke are free online, check your state's website. Grandpa need to sign the revocation in front of a notary, and mail it certified return receipt. The revocation takes effect immediately, even if the old POA fails to acknowledge it. So make sure the nursing home & all bank accounts recieve a copy too....in some cases you may need to close accounts & re-open them under a new account number. Best wishes to your grandpa. He is lucky to have someone looking out for him. Sources: my family is in the midst of a similar situation.
My POA are abusing me and I said it to my lawyer and wanted to change the POA. Why the lawyer want me to pass some test to see if I am competent before changing the POA
I am a friend for Grand Pa30. He is 86 and the family took over everything he have. They sold his home in Florida without is consent. They take out his bank card and his credit card now she closed is account without asking him. She said she can because she is the finance POA. He cannot even know what he have in his account the bank said to him to ask his daughter. And he is healthy but after so many problems with them he will became sick.
Grandpa30, your lawyer is probably doing the right thing to ensure you are competent before you make a major decision like this. You are always free to go to another lawyer (bring your original POA with). But all lawyers are bound by law to make sure you are competent before assisting you in this major change. However lawyers are also bound by law to represent you, the client, and not other family members (who may have been whispering into the lawyer's ear). If you feel you are being abused, either by the current POA or any lawyer you ask to help you, contact your local Adult Protective Services -- there is no charge to you, for their services to investigate what is going on. Best wishes.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
My husband had Lewy Body Dementia, which is characterized by great fluctuations in cognitive and other abilities. I explained this my lawyer, who was bringing papers to our home for my husband to sign. She said if he was having a "bad day" and couldn't understand the papers she would simply come again.
As it happened, the first time she came out he was having a good day, and understood the concept of having someone else authorized to act on his behalf, and was able to discuss his health care directive coherently and in some detail. He had a diagnosis of dementia, but he was still capable of understanding the Power of Attorney document and the Health Care Directive, and his signature on them was perfectly legal.
Hope this helps..
What is this money-hungry son spending Mom's money on? If you have evidence that he is fraudulently spending his Mom's money on anything but her own needs, you have grounds for questioning his guardianship in court. If you have called APS several times and they find no cause to intervene, I wonder what evidence you have. Apparently your idea of "filthy" must not be serious in their eyes. Why was a nurse visiting the home? Why did that stop? Is the girlfriend doing caregiving? My mother had a weekly nurse visit, but that stopped when she lived with my sister, as my sister could perform those services for her.
How often do you visit Mom? How is she doing?
As I understand it, even if you could get your brother's guardianship overturned, the court would not necessarily appoint another family member in that role. A professional might be appointed, and it is possible that Mom would be placed in a care center.
Your other brother does not want the stress of guardianship, if he could get it. You do not have the funds to try to go after it.
How about visiting Mom frequently, maybe cleaning up a little of the filth, and trying to make her life the best that it can be for whatever time she has left?
Best wishes to your grandpa. He is lucky to have someone looking out for him.
Sources: my family is in the midst of a similar situation.