If your grandmother is competent, then she gets to determine where she lives. If she is not competent, then the POA would seem to give your father the right to make that decision. Your aunt would not appear to have any legal authority to stop that. Of course, if the issue is pressed, your aunt could file in probate court to become guardian of your grandmother. There is no telling what a judge would decide, but that is something you may need to contend with.
***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!
It depends on what the terms of the Power of Attorney are. That is the POA may not include the power to make decisions concerning medical treatment and placement. Also, I am not sure from your facts as to whether your father and sister are co-attorneys in fact (persons appointed to act) under the POA or if there is a priority. The terms in the document are critical and should be reviewed by an attorney familiar with these cases.
Staten T. Middleton MIDDLETON LAW OFFICES, Ltd. firstname.lastname@example.org http://www.bgohiolaw.com 521 N. Main St. Bowling Green, OH 43402.2044 Phone: 419.352.7522 Fax: 419.353.4899 The scope of this space does not afford an opportunity to adequately advise you. The response provided is intended to be informative, but not final. You are advised to arrange a consultation at which all facts and documents can be explored and terms for representation agreed. An attorney-client relationship must be formally established.
If your aunt is named as Agent under the Power of Attorney, the decision is hers to make. There are, however, two basic types of Power of Attorney: The Durable Power of Attorney for Health Care (which names a "guardian of the person") and a Financial Power of Attorney (which names who will be in charge of finances. In this instance, it is the DPOAHC that controls.
Your aunt and your father both have valid points. If grandma is comfortable where she is and receiving good care, it may do her more harm than good to move her to another facility. If, on the other hand, she is capable of recognizing her family and there would be more family around if she lived somewhere else, that might be better for her. Your father can petition the court to intervene if he thinks your aunt is not acting in your grandma's best interests, or he can file a petition to be appointed Guardian. However, grandma's Will or POA may nominate your Aunt as Guardian, which will make it harder for your father to be successful. And guardianships are very expensive and troublesome to administer.
This is a tough--but very common--situation. I would suggest you spend a couple hundred dollars for a consultation with an expert probate attorney to tell your whole story and get proper advice.
Mr. Huddleston is an Ohio-Certified Specialist in Estate Planning, Trust & Probate Law, with offices in Columbus and Dayton, serving client families and private business owners throughout Ohio. He may be contacted directly by phone toll-free at 888.488.7878 or by email CLH@HUDDLAW.COM. Mr. Huddleston responds to Avvo questions as a public service to help educate and provide general guidance to questioners, but his responses are not legal advice and do not create an attorney-client relationship.