My Mother was diagnosed with Alzheimer's 2 years ago and she appointed me as her POA. My sister who lives in another state came to see my mother in assistant living 2 months ago and took her to a lawyer and had her sign POA to include her. My Mother lived with me for 3 1/2 years prior to being diagnosed, and another 2 years after being diagnosed. My sister visits 3 days a year and my other siblings don't come at all. My sister is now demanding all my Mothers financial records on a monthly basis. I am a single Mother with 2 children and 2 jobs. This was my Mothers biggest fear for me, was that my siblings would cause trouble, that's why she appointed me. My Mother was not competent when my sister did this and I have doctors notes to reaffirm this. I am so worried about giving her any checking or account records. My siblings have been caught stealing from me mother before. Of course nobody asks about her health, just threatening emails all the time. Is this legal? I would apply for guardianship but cant afford it. Advise please.. all alone
If the latter, and assuming that the diagnosis of a few years' ago was made by a doctor qualified to do so, it seems to me that the new POA wouldn't have been valid.
Do you have anything in writing addressing the Alzheier's diagnosis?
If you can afford a consultation with an elder law attorney, preferably the one who drafted the first POA, do so, and ask how the newer POA can be rescinded. An attorney would probably first contact the attorney who drafted the most recent one and advise him/her that your mother was in fact diagnosed and isn't able to understand the ramifications of executing a new POA.
If that doesn't work, he/she can report the attorney to the State Bar Grievance section for disciplinary action, if there's sufficient evidence that that particular attorney knew of the diagnosis, or could recognize that your mother wasn't able to understand the ramifications of executing a new POA, yet went ahead with the new document anyway.
That might get the attorney to cooperate and advise your sister that her appointment isn't valid.
If she is competent (understands what it means) then she can simply rescind that change and put you back to being the sole POA.