Could you please tell me what kind of attorney I should contact in regards to my situation? My brother just recently placed my Mother into a nursing home (a very unsanitary one) without first consulting me or any other sibling about it. He does "allegedly" have POA but he shouldnt have. My mother claims to have never signed any sort of legal document or given any kind of verbal permission granting this. She does have dementia but it hasnt progressed to the point of needing this kind of assistance. Furthermore she is capable or making her own competant decisions.How do I get her out of this place and how do I get him removed as her POA. He doesnt have her best interest at heart and this place she is in isnt fit to be holding anybody. The conditions were unbearable to say the least. Lastly I also want to note that just hours ago my brother (POA) has made it so that no one except himself can contact my mother!?! How is that legal? When I was at this "nursing home" I tried all I could to just get answers from the staff etc. in regards to who I should or could contact for help with this and no one seemed to know or couldnt give me a straight answer. I live in Indiana and she originally was living in Kentucky, now for some reason she is being held in a "nursing home" in Tennessee? I have searched high and low and cant seem to find any answers... Could you please help me or at least place me in the right direction? Any help at all would be greatly appreciated. Thank you for your time
POA allows the person to make decisions in place of the principal- these decisions are to be as if the principal was making them themselves- what they would want or do. POA does NOT mean the person can make decisions instead of the principal- if the principal is legally competent. And by legally competent I mean a decision made in court by a judge - cause that's what takes to be legally binding - a doctors note doesn't cut it.
However, since it has come to your brother isolating you mother - which is illegal, by the way and considered abuse in some states - you may have to get an attorney to get your foot in the door at the NH.
If it were me - I'd get an attorney- preferably an impressive looking one - and take them with me to the NH. Then have the attorney tell whomever is in charge that his client- you - is there to see her mother. That unless they produce a court order barring his client- you - from seeing your mother - that you expect to be taken to your mothers room immediately. If the NH want to call your brother first - don't allow it. Insist on being taken to your mother. If the nursing home says they are calling the police - tell them "sure, that's a good idea as you are keeping my mother from me illegally". Then wait for the police and let your attorney handle it from there. I guarantee you - if your mother is legally competent and if all your brother has is POA - if he actually has it at all - thing will be resolved quickly. Now - you better be prepared with what YOU are going to do with your mother.