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Thursday, April 09, 2009 daisy, Community Member, asks

Q: Sister made mother sign Power of Attorney giviing her rights.. mother has dementia, can she legally

can a person with dementia sign Power of Attorney form? can a person with dementia have a say so on Downsyndrome child age 37 or can I easily apply for both or their guardianship? please help me!  I have a sister who with her lies & bad intentions moved my mother from her home after the death of my father, she also took my brother with DS, she now took them with a diff Dr who now claims nothing wrong with mother... she made mother sign her a Power of Attorney giving her all rights... we supposely are not allowed to inquire about her medical condition..Sister & husband are both Alcoholics, raised 3 girls, & kicked 2 of them out of their home, other one is living at their home unwed with a child, she told me mothers food was too expensive, & her check was not even enough to feed her... she is money hungry... now is my mother's POA signature be revoked? Help, I do not want a legal battle, for the sake of my poor mother! Have you been in similar situation? & what did you do?  I Love my mother dearly she always made me promise I would watch over her in her old age, because she knew my good heart, I am heartbroken, it sure hurts... advise me please..

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Answers (2)
Carol Bradley Bursack, Health Guide
4/ 9/09 5:15pm

I think you will need the help of an elder attorney or estate attorney. I wouldn't be afraid to ask. You can seek guardianship, but that would mean a court order, too. This government site, www.eldercare.gov/eldercare/Public/Home.asp may be of some help to you.

 

Bless you for caring so much. I hope you find a solution.

 

Carol

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Carol Bradley Bursack, Health Guide
4/10/09 8:29am

Hi Daisy and all,

The direct link to the legal services doesn't work right. So,  go to www.eldercare.gov. You'll find the Eldercare Locator. On your right, you'll find a drop down box. Click the arrow, and you'll find "legal." That should get you to the site I mentioned.

 

I'm sorry about the information. Sometimes these deep sites just won't open.

 

I hope this helps,

Carol

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Shaunna, Community Member
8/ 3/10 10:55am

Dear Carol,

 

My sister and I and elderly father signed a durable POA in the beginnng stages of his dementia about 5 years ago.  The director of the assisted living facility he is in, shared w/us that a POA does not ;TRUMP', a medical proxy, we were told that a POA 'trumped' and included all medical decisions - in which we have been making for him since he now has full blown dementia.  In the event she is correct, how does someone now make us their medical proxy if they have dementia?  Doesn't the POA stand in effect d/t his mental status?

 

Thanks,

Shaunna

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Carol Bradley Bursack, Health Guide
8/ 3/10 11:33am

Most POAs are for financial issues. A health directive (medical proxy) or POA for health care is necessary for the health decisions. I'd see an estate or elder law attorney for help on this. Since your father gave you financial POA, it's likely he or she can figure out some way to extend this to a health proxy, but an attorney needs to handle it - the sooner the better. Good luck with this.

Carol

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Carol Bradley Bursack, Health Guide
8/ 3/10 11:33am

Most POAs are for financial issues. A health directive (medical proxy) or POA for health care is necessary for the health decisions. I'd see an estate or elder law attorney for help on this. Since your father gave you financial POA, it's likely he or she can figure out some way to extend this to a health proxy, but an attorney needs to handle it - the sooner the better. Good luck with this.

Carol

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NC, Community Member
8/ 3/10 12:01pm

Hi Shaunna,

 

My father-in-law signed the medical proxy when he signed the state POA as

well. Sorry the lawyer didn't tell you at that time. His lawyer was helpful and took the initiative to have my FIL signed this health directive proxy and that allows us to send him to this nice assisted living home last week.

 

Please ask the attorney specialized for elderly issues for advice. I would think she could still sign something about No CPR and etc. Maybe the attorney can work from this durable POA to get there.

Good luck,
Nina

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Shaunna, Community Member
8/ 3/10 10:56am

Dear Carol,

 

My sister and I and elderly father signed a durable POA in the beginnng stages of his dementia about 5 years ago.  The director of the assisted living facility he is in, shared w/us that a POA does not ;TRUMP', a medical proxy, we were told that a POA 'trumped' and included all medical decisions - in which we have been making for him since he now has full blown dementia.  In the event she is correct, how does someone now make us their medical proxy if they have dementia?  Doesn't the POA stand in effect d/t his mental status?

 

Thanks,

Shaunna

Reply
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By daisy, Community Member— Last Modified: 10/26/11, First Published: 04/09/09