I live in MN trying to help a friend in CA. She became very ill, lost a lot of weight & began having seizures. While ill, her daughter took her to an attorney & she signed over POA unaware of the consequences or what she was signing. My friend did need help to restore her to health but was placed by her daughter in an Alzheimer's facility for long term care patients w/aggressive behavior. She has been there 6 mo & her health is back to normal. Her husband passed 7-5-13. I was given permission to speak to her social worker & told she could return home w/some help. She does not need 24 hr care. I ckd w/social svc in her area & she qualifies for help needed but daughter has not made arrgmts & is doing nothing. Don't know if incompetency was brought to probate. Is it automatic?
Her husband passed 7-5-13 & daughter transferred deed 7-12-13 into her name (so she thought). I ckd with the court today 8-13-13 and they did not process it because it would be illegal for a POA to profit. It seems to me her daughter does not have her mothers best interest at heart or she would be making arrangements for her mother to return home. She also lied about the will. Said she went to the courthouse & saw it. When I called the courthouse, it had not been filed. I have offered to have her come to my home while she makes the necessary arrangements but she is not accepting my offer. The social worker said the people in this facility have been moved from other facilities because they are so aggressive and she thinks my home would be a great transition. But bottom line, the daughter has POA. The social worker thinks if I am unable to help her my poor friend will be stuck there long term because the daughter doesn't want to deal with it.
Nursing Home Abuse / Neglect Lawyer
If your friend has capacity she can revoke her POA at anytime and name whomever she wants as her agent. Additionally, if she has mental capacity she can move herself to wherever she likes. Contact an elder law attorney to determine the options.
This is not legal advice and does not create an attorney-client relationship. This is not legal advice, it is only legal information. You should consult an attorney if you have any questions regarding this matter.
Estate Planning Attorney
Your friend is very fortunate to have you look out for her.
If the Mom is competent, she can revoke the Power of Attorney at her discretion, especially since she was not aware of what she was signing. She can also keep the POA and change the agent from her daughter to another person of her choice.
A case may be made that it is not a valid agreement because she did not the requisite mental capacity when she signed it.
I would recommend having an Attorney review the POA if the daughter is claiming she still has authority over her Mom.
Estate Planning Attorney
Your friend should contact a local elder law attorney for assistance. If she has capacity, she can revoke the POA. If the POA was executed when she didn't have proper capacity, you can fight the POA, but that will be challenging. Schedule a consult with local counsel to explore the facts and circumstances at length.
** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Law Offices of Eric J. Gold www.EGoldLaw.com Telephone: 818-279-2737 Email: firstname.lastname@example.org
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