Brother has POA?

[DreamDancer]

What is the name of your state? IL/MO

My brother and his wife moved my mom to MO and did not notify any of us (she has 8 children), except one. She has Alzheimer's and he had her in a motel for a month. She wandered 3 times and was picked up by the police twice. She ended up in a hospital and now a nursing home. The nursing home is horrid. When I found out where they were, I drove there as quickly as possible. The home is a warehouse for dementia/Alzheimer's patients. Zero activities, no outside time, no one on one time with staff, nothing.

I found a great place that fits the bill for everything required and then some near my home in IL. The nursing home in MO states my brother has a POA on mom. She has been ill for a long time and they gave him the POA 2 weeks ago. She is in no way competent enough to understand what it is to have signed it. My brother had refused to give out any of our names, addresses or phone numbers to anyone so we could be there and decide if that was the best place. No one gave him the ok t get the POA on mom.

The nursing home is refusing to release mom to the home in IL because they gave my brother a POA. Can they do that?

 

[DreamDancer]

Thanks everyone for your help. It was so appreciated. Fortunately, one of my brothers has hired a great attorney so that mom can get moved to an awesome place here and hopefully have improvements.

All I wanted to know was if a nursing home can issue a POA without a court or attorney involved.

 

[BlondiePB]

Thanks everyone for your help. It was so appreciated.

Were the replies deleted?

Fortunately, one of my brothers has hired a great attorney so that mom can get moved to an awesome place here and hopefully have improvements.

Great!! Have your brother & his attorney petition for guardianship.

All I wanted to know was if a nursing home can issue a POA without a court or attorney involved.

No, and neither can your mom.

What the nursing home can do is provide papers to bring to the court for the brother who moved mom to be his health care surrogate/proxy.

 

[DreamDancer]

Thank you for answering. No, there were no replies deleted. There were none. This is very important to me. My mother is very ill and is getting horrid care. My brother who has her also took some of her money and we believe that is the reason for what he is doing. It is her money and hers alone. I am terrified she will continue to slide downhill due to the lack of proper care because of the brother that has her and the POA. The brother hiring the attorney is dragging his feet but unfortunately, those of us who are worried the most can afford an attorney the least. I feel like I am between a rock and a hard place and I could lose my mom because of it.

 

[BlondiePB]

Thank you for answering. No, there were no replies deleted. There were none. This is very important to me. My mother is very ill and is getting horrid care. My brother who has her also took some of her money and we believe that is the reason for what he is doing. It is her money and hers alone. I am terrified she will continue to slide downhill due to the lack of proper care because of the brother that has her and the POA. The brother hiring the attorney is dragging his feet but unfortunately, those of us who are worried the most can afford an attorney the least. I feel like I am between a rock and a hard place and I could lose my mom because of it.

Please check at the local courthouse where mom and unscruplous brother are to find out if he was granted Health Care Surrogate/Proxy for you mother.

 

[DreamDancer]

I called the CC office several days ago and they said she is not in their system. I was asking about if Social Services had taken control though. What office would I call to find out about a POA? My bad brother said that she was a ward of the state and this was proved untrue after I called CC.

 

[BlondiePB]

I called the CC office several days ago and they said she is not in their system. I was asking about if Social Services had taken control though. What office would I call to find out about a POA? My bad brother said that she was a ward of the state and this was proved untrue after I called CC.

Social Services of the nursing home or the state?

Bad brother is a liar. You could check the local courthouse under his name to find out if he filed a POA, though that is not required. How long ago did he move your mom? Did your mom want to go with him or did he just take her?

On Monday, call the Administrator of the nursing home. Ask him/her if the nursing home granted your brother POA over your mom. When the administrator says "no," ask if they have a POA for your mother. If the administrator says "yes," ask what is the date on the POA. Do not ask or discuss anything else with the administrator. Just thank him/her and end the conversation. Post what you found out on Monday.

P.S. The administrator of this site doesn't pay me enough to post everday. Just kidding, Mary!

 

[DreamDancer]

Social Services of the nursing home or the state?

Bad brother is a liar. You could check the local courthouse under his name to find out if he filed a POA, though that is not required. How long ago did he move your mom? Did your mom want to go with him or did he just take her?

On Monday, call the Administrator of the nursing home. Ask him/her if the nursing home granted your brother POA over your mom. When the administrator says "no," ask if they have a POA for your mother. If the administrator says "yes," ask what is the date on the POA. Do not ask or discuss anything else with the administrator. Just thank him/her and end the conversation. Post what you found out on Monday.

P.S. The administrator of this site doesn't pay me enough to post everday. Just kidding, Mary!

Social Services of the state.He had everyone but me and one other brother convinced that they had made her a ward of the state.

He "convinced" mom to leave with him in Feb '08. On June 2, 2008, she wrote a check for $3000 cash and she was in a hospital on June 3, 2008. Nursing home on June 6, 2008. He used $1000 to move his wife, mom, and himself from another state to MO. He states she "insisted" on it. I was under the impression that as an Alzheimer patient, she can't insist on something like that. He says he opened a new account for her with the other $2000. Haven't found the account yet.

The home that I want to move her to called to begin the process of moving her. The admin of where she is said no because bad brother has a POA and he refuses to release her. The nursing home granted the POA as far as I have been able to find out, not the court but I will certainly call the CC and find out Monday for sure.

Her big activity 2 days ago in that place was wiping down tables. I really need to get her out of there. Thank you so much for the advise. You have already told me things I hadn't thought of.

 

[BlondiePB]

Social Services of the state.He had everyone but me and one other brother convinced that they had made her a ward of the state.

State social services would have to file papers with the court.

He "convinced" mom to leave with him in Feb '08. On June 2, 2008, she wrote a check for $3000 cash and she was in a hospital on June 3, 2008. Nursing home on June 6, 2008. He used $1000 to move his wife, mom, and himself from another state to MO. He states she "insisted" on it. I was under the impression that as an Alzheimer patient, she can't insist on something like that. He says he opened a new account for her with the other $2000. Haven't found the account yet.

Worry about finding the account and other stuff later. Find out what are the residency requirements in the state where mom is. You need to know if requirements for residency have been met in the state where she is. There are jurisdictional issues with which to deal.

The home that I want to move her to called to begin the process of moving her. The admin of where she is said no because bad brother has a POA and he refuses to release her. The nursing home granted the POA as far as I have been able to find out, not the court but I will certainly call the CC and find out Monday for sure.

Only your mother can grant a POA, no one else. Your mother cannot grant a POA due to her dementia. That's why I want you to ask the above questions.

Her big activity 2 days ago in that place was wiping down tables. I really need to get her out of there. Thank you so much for the advise. You have already told me things I hadn't thought of.

You're very welcome.

 

[DreamDancer]

Sorry to take so long to return. It took time to get the answers needed. Her residency was accepted as MO although I still don't know how. I believe the bad brother used his address which he only had for less than a week when she was admitted.

The nursing home never had a POA on file nor is there one in the court system. The nursing home had stated, via phone, to the home here that there was one.

The nursing home has it in black and white (I have a copy) that ALL children were notified prior to her being admitted and that all children agreed to it. 6 out of 8 knew nothing about it.

Is there any liability on the nursing home for 2 lies? Nursing home here believes there could be legal issues for them but was not sure.

 

[Dandy Don]

His POA is invalid if he got it during a time where she had already been previously diagnosed with Alzheimer's. Can you or another family member afford to acquire conservatorship to be able to take charge and manage her finances? Consult a family law attorney about this. What your brother has done is elderly financial abuse and/or abuse of power of attorney and you need to file a complaint against him with the police or get your own attorney to figure out how to proceed.

 

[BlondiePB]

Sorry to take so long to return. It took time to get the answers needed. Her residency was accepted as MO although I still don't know how. I believe the bad brother used his address which he only had for less than a week when she was admitted.

The nursing home never had a POA on file nor is there one in the court system. The nursing home had stated, via phone, to the home here that there was one.

The nursing home has it in black and white (I have a copy) that ALL children were notified prior to her being admitted and that all children agreed to it. 6 out of 8 knew nothing about it.

Is there any liability on the nursing home for 2 lies? Nursing home here believes there could be legal issues for them but was not sure.

Thank you. Please send me a private message, and I'll assist you further.

 

[DreamDancer]

Update

Just thought I would update this. The brother with the POA has been relieved of it by the courts. Two other brothers have it now plus conservatorship. Mom has been moved to an awesome facility close to the two that have control.

Brother with original POA is being charged for stealing Mom's money. It amounted into the thousands and when caught there was only a few hundred left.