If a disabled person has 24 hour care, can their Power Of Attorney make them move with them without their permission.

Asked about 1 year ago - Carlsbad, NM

A 27 year old girl with a slight brain injury has been living on her own with the assistance of caregivers for 6 years. She gets funding from the state Mia Via program. Her mother just obtained power of attorney and is threatening to make her move in with her. she is very happy living in her own home and absolutely does not want to move with her mother. Her mother can be very negative towards her and she wants to only be around positive people!!!!!

Attorney answers (4)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . The power of attorney would need to be reviewed.

  2. Kevin Coluccio

    Contributor Level 20

    5

    Lawyers agree

    Answered . What authority is provided by the power of attorney? I would review the document.

  3. Stephen D Aarons

    Contributor Level 16

    3

    Lawyers agree

    Answered . No. The disabled person is still in charge, and if necessary, can revokes the power of attorney at any time

  4. Josh P Tolin

    Contributor Level 19

    3

    Lawyers agree

    Answered . POA needs to be reviewed. If no guardianship or conservatorship has been established and she is able to make her own decisions, I don't think her mother can make her move. I have POA of my elderly father, but it is to be able to sign and make decisions, if he is unable to do so. I added two tags to your question, since a probate attorney in NM would be able to provide the best answer since you are a NM resident.

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