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My mom wants to come home, but her Power of attorney wants to keep her in a Nursing Home The Doc said it was ok so what can i do

Indianapolis, IN |

My mom is able to speak for herself, but her power of attorney don't want her home even though that's my mom request and she has a husband thats able to take care of her at home . Can a power of attorney really over rule my mom?

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Attorney answers 1


If your mother is competent, then no, she cannot be overruled by her agent. The agent can act on behalf of your mother, but cannot prevent her from acting on her own behalf. If your mother has been declared incapacitated, however, then she may lose the right to decide on her own, at which point, the agent would then be in charge, pending possible recovery of your mother.

James Frederick

***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!

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