I haven't been contacted or told that this was being done. the attorney has been told that all kinds of things that aren't true. from what I understand, I'm no longer P.O.A. of finances and my sister is! No one has informed me of any of this still today..
I have taken care of my mother for almost four years with little help from siblings with pay and with Mom's full understanding that we had this arrangement. I only got paid the money I needed with the understanding that if I needed it in the future Mom would pay plus some extra to make up what I didn't need at the time.
Everything is being changed by the attorney because my sisters, without any proof of any wrong doing on my part convinced him that I was doing something wrong.
there much more detail but in a nut shell that's what is going on and it is my understanding that without knowing any of this was going on or proof, I've been made out to be the bad guy and the P.O.A. has been changed.
Mom has no idea what is going on and doesn't understand what's being done because of the dementia.
I have proof that what the attorney was told about me is full of untruths I can be prove it. I also have witnesses seeing my mom being coached on what to tell attorney on the phone and this was done for hours.
If you have that piece of paper that shows she has dementia then what the attorney and your sisters did was unethical and illegal. I can't believe that the attorney would change POA without speaking to your mother in person.
My mother had to meet privately with her attorney to discuss POA before he would do the documentation.
I hate to see this stuff happen. It's sad.
The real question here is whether Mom is "competent" in the legal sense. Dementia does not automatically make her incompetent. Can she understand the concept of allowing someone else to act on her behalf for financial transactions?
What the lawyer did is not unethical. A client who appeared lucid and competent asked to have a new POA designated. He did not have to check out whether the reason was valid -- he did not even have to know the reason. A competent person can change the POA on a whim, for any reason. He may have asked for a reason to get a sense of whether Mom understood what she was doing.
Your sister's ethical status could be questioned!
If Mom was competent to change the POA a few weeks ago, presumably she would be competent to change it back today (if she wants to).
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