My sister refuses to pay for any care my mother needs. I found out my mother's long term care insurance will pay $92 for home care. My sister has agreed to have home care but only for the hours they pay for. My mother is alone 12 hours
First, given the safety issue regarding your mother's condition, I would contact protective services to investigate and possibly intervene. A hoarder who refuses to care for her ward doesn't sound like she's actively caring for and/or protecting her ward. That aside, if you mother has dementia, it remains questionable whether you will both a) be able to get her alone to revoke the old POA and sign a new one, and b) even if a new POA is drafted, whether it will be accepted (due to the existing cognitive impairments). Without knowing more, I would advise (if possible) to have your mother apply for a voluntary conservatorship, naming you (or someone other than the hoarder) as her guardian/conservator.
In truth, best advice here is to go see a local Elder Law Attorney. You can find them through the NAELA (National Academy of Elder Law Attorneys) website.
First, is there an alternate individual named as your sister's successor? If there is a successor to your sister and she is willing to resign, that would be the simplest thing to do. Also, if no successor is named, but the document gives the existing agent the power to appoint a successor, she can do that prior to resigning. Does your mother have any level of capacity? If your sister will not resign and/or there is no successor or she is unwilling to appoint a successor, it is likely that a guardianship proceeding will need to be brought against your mother to have a guardian of the person and the estate appointed if your mother has no capacity to execute a new document. If your mother has assets, her assets can be used to pay the legal fees for the guardianship proceeding with the court's approval. This is not a proceeding you can do by yourself. You will need to obtain legal counsel. Another alternative to get to the same end would be to contact the Allegheny County Area Agency on Aging asking for an investigation of your mother's care. They can be reached at (412) 350-4234. If you require additional help, please do not hesitate to contact me.
My comments and opinions are only for general purposes of interest to the public and should not be construed as legal advice or a legal opinion on any topic in this forum; nor should my comments or opinions be construed as establishing an attorney-client relationship with any individual or individuals on this public forum. Only a detailed understanding of facts after retention as counsel by anyone can establish an attorney-client relationship with any attorney and no such relationship shall be established or inferred in a general public forum such as this.
If your mother lacks competency to sign a POA over to you, and she has been left vulnerable by your sister's lack of care, you need to consider a guardianship. I would make an appointment with an estate lawyer to discuss all of the facts. If you are willing to serve as her guardian and are qualified to do so, you could be appointed. Otherwise, a court can appoint an agency. You may also call the Department of Aging if you feel your mother is at risk and you don't have the time or resources to immediately fix the problem.
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