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‘Mild cognitive disorder’ is also quite vague. M is not currently in a NH and is living at home with brother. Why do you think she should go into a NH if she is coping OK at home? It seems likely that brother is the POA, and M may well have made him POA well before she had any ‘tests’ or was deemed to have any problems at all. Is living there the ‘potential abuse’ you are suggesting?
It sounds as though the situation is annoying to you, you would like to get M into a NH and get brother out of the house. I don’t think this site is going to be any use to you at all!
If Memaw appointed her son, Fancypants, to be POA, generally Memaw is the only one who can remove Fancypants from that position. Memaw can do that by filling out and having notarized forms removing Fancipants as her POA, and in my state Memaw would have to notify Fancipants in writing that he has been removed. No reason has to be given.
However, if you, as a bystander, decide you don't like Fancipants and he isn't acting in Memaw's best interests, you need to see a lawyer and explore what actions you might take. The lawyer will no doubt advise you that unless Memaw is incompetent, she may appoint anyone she wants for her POA. Even Fancipants.
If not, see an elder law attorney. Provide any PROOF you have of malfeasance. For instance if you know abusing finances, how do you know this? They are NOT beholden as POA to provide YOU with any proof, only a court official can ask this of the POA due to privacy rights of the person who made them POA.
So if you suspect abuse take your proof to elder law attorney. He can apply to the court to ask for a review by the POA. If POA bring in adequate records and there is a home visit that goes fine then that will be that. Yes, you will be paying for all this. It is no small thing to call a POA into question.
A fight for custody and guardianship may be a real bad thing and can go to the 10s of 1,000s. And ultimately the court may remove the senior from the care of both and put into place a court appointed fiduciary who will take over POA, placement, expenditure. They charge for their services. Family will have nothing to say regarding the elder.
If you believe that your LO is in danger, you should report it immediately.
There are no laws to protect the elderly from POA abuse. I even contacted my state senator, representative and the attorney general. No one could help!
They all said that you’d have to hire a lawyer. Think of what we pay APS in salary, benefits & pensions…….what do they really do?
thanks susziq
and yes, documentation can be relevant
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