Can something be done to stop mom’s transfer to another home care? 7 Answers as of May 05, 2014

Mother has dementia. There were no changes to mom as documented by the hospices. Other son flies in and in about 24 hours mom became incompetent. The court made the son DPOA and MPOA. Mom is moving with son but not to his home. She is to be transferred to an unknown home care against her wish and I’m still able to prove it. I had informed two additional siblings (one in same home as mom and I) but told nothing to mom or I. There was no change. Son could have given the court the expedited results.

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Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
Speak with a guardianship/conservatorship attorney where your mother resides to discuss the available options and costs associated with the same.
Answer Applies to: Nevada
Replied: 5/5/2014
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
If this is an Oregon case, the court cannot make a son the agent under a POA or health care representative. The court could appoint him guardian, but that is a court proceeding you could object to.
Answer Applies to: Oregon
Replied: 5/5/2014
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
You need to obtain the services of a conservatorship litigation attorney to investigate and bring the necessary petition in probate court to stop the son from moving mom.
Answer Applies to: California
Replied: 5/2/2014
Ronald K. Nims LLC | Ronald K. Nims
Court cannot appoint a DPOA or MPOA, what a court can do is have Mom declared incompetent and have a guardian appointed. ?This is generally not a quick process, although a temporary order can be done on an emergency basis. ?The court will want evidence, this is generally a report by a physician or a care agency with experience in dementia or testimony of incompetent behavior (report of the professionals generally has more weight than testimony of family members who often have an agenda which is slanted toward not allowing parent to spend the parent's money and depleting an expected inheritance). If no one has been appointed guardian, start the process and have a group of siblings nominate a guardian. ?Be warned when some siblings favor one guardian and other siblings favor another, courts often appoint a lawyer that is picked by the judge and LOTS AND LOTS of money will go towards legal fees.
Answer Applies to: Ohio
Replied: 5/2/2014
Frederick & Frederick PLC | James P Frederick
Your summary is confusing. A court does not make anyone POA. That had to have been done by your mother, when she knew what she was doing. Since your brother appears to have POA, the best thing you can do is to try to keep the line of communication open with him and make sure that your mother knows that you are there for her and will support her in any way that you can. Further court proceedings would not appear to make much sense, under these circumstances.
Answer Applies to: Michigan
Replied: 5/2/2014
    Law Office of Pamela Braynon | Pamela Y. Braynon
    Have you seen the actual court order the judge signed? It seems highly unlikely that something would happen so fast unless Mom was in danger of hurting herself or someone else hurting her. I suggest you get an attorney to look into this to see what is going on.
    Answer Applies to: Florida
    Replied: 5/2/2014
    James Law Group
    James Law Group | Christine James
    Your situation is very complicated and you should not be spending time on attorney websites and make an appointment with an attorney for a free consultation ASAP. You may not be able to stop the move, but you can stop your brother from hiding her from you.
    Answer Applies to: California
    Replied: 5/2/2014
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