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Power of Attorney Negligence, PLEASE HELP

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AdamLCarr

Junior Member
Good Evening: I am a resident of Ohio. A friend of my wife obtained durable and health care power of attorney (POA) over my wife's mother in February 2008. This friend of the family is a woman who has completed law school and passed the Bar but is not a practicing attorney. To make this easy we will call the friend Betty and my wife's mother Alice.

Prior to the execution of the POA's Alice exhibited symptoms of cognitive impairment several times including a very serious episode on 25 Dec 07 when she became lost for about an hour while driving to our home for Xmas dinner, and became lost for several hours when she attempted, despite our vigorous attempts to drive her home, to drive herself home. Both incidents were during daylight hours. Since the death of Alice's husband in 2004 she has shifted more and more trust to Betty while alienating her daughter. Because of this we knew that we would need her support to get Alice to a neurologist for an evaluation.

Betty initially supported the idea of getting Alice to a neurologist so an appointment was made on 16 Jan 2008. Jusr prior to the appointment Betty notified my wife that she no longer thought Alice needed to be evaluated by a neurologist. On 23 Jan 2008 Betty took Alice to a meeting with the attorney who drafted the current POA's.

Over the last year Alice has declined precipitously and despite several attempts on our part to intervene to get her medical attention she has refused and Betty has remained uncooperative.

Last Thursday, 27 Mar 09, after several epsiodes of delusional behavior along with severe paranoia, combativeness and violent outbursts we finally convinced Alice to see her primary care physician (PCP). Alice attempted to leave the appointment twice, the second time striking my wife (her daughter) with her fists and her purse. The PCP recommended that we file for guardianship immediately.

On Friday, 28 Mar 08 we filed for guardianship and we had Alice involuntarily committed to a local hospital using a Probate warrant. Alice has received excellent care and the psychiatrist treating her told us that she has moderate stage Alzheimer's and must be transferred from the hospital to an assisted-living facility. We are in favor of this and have worked hard to find a facility for her.

The POA has thwarted this and every other step of the process. She is in denial about Alice's condition and, despite the fact that Alice will be discharged in 48 hours, will not agree to support our selection of an assisted living facility but at the same time she has no alternative plans.

In addition, Betty has no idea of any of the details of Alice's finances, has not, even though Alice has been hospitalized for more than a week, worked to get Alice's affairs in order, and has not been paying or reviewing bills.

Because this woman has watched Alice decline without taking any action for over a year after obtaining POA under dubious circumstances, has done nothing to properly manage Alice's finances, and is now impeding further treatment recommended by her doctor, is there anything that my wife and I can do to have this POA removed?

Any help would be greatly appreciated. Thank you!
 


BlondiePB

Senior Member
Good Evening: I am a resident of Ohio. A friend of my wife obtained durable and health care power of attorney (POA) over my wife's mother in February 2008. This friend of the family is a woman who has completed law school and passed the Bar but is not a practicing attorney. To make this easy we will call the friend Betty and my wife's mother Alice.

Prior to the execution of the POA's Alice exhibited symptoms of cognitive impairment several times including a very serious episode on 25 Dec 07 when she became lost for about an hour while driving to our home for Xmas dinner, and became lost for several hours when she attempted, despite our vigorous attempts to drive her home, to drive herself home. Both incidents were during daylight hours. Since the death of Alice's husband in 2004 she has shifted more and more trust to Betty while alienating her daughter. Because of this we knew that we would need her support to get Alice to a neurologist for an evaluation.

Betty initially supported the idea of getting Alice to a neurologist so an appointment was made on 16 Jan 2008. Jusr prior to the appointment Betty notified my wife that she no longer thought Alice needed to be evaluated by a neurologist. On 23 Jan 2008 Betty took Alice to a meeting with the attorney who drafted the current POA's.

Over the last year Alice has declined precipitously and despite several attempts on our part to intervene to get her medical attention she has refused and Betty has remained uncooperative.

Last Thursday, 27 Mar 09, after several epsiodes of delusional behavior along with severe paranoia, combativeness and violent outbursts we finally convinced Alice to see her primary care physician (PCP). Alice attempted to leave the appointment twice, the second time striking my wife (her daughter) with her fists and her purse. The PCP recommended that we file for guardianship immediately.

On Friday, 28 Mar 08 we filed for guardianship and we had Alice involuntarily committed to a local hospital using a Probate warrant. Alice has received excellent care and the psychiatrist treating her told us that she has moderate stage Alzheimer's and must be transferred from the hospital to an assisted-living facility. We are in favor of this and have worked hard to find a facility for her.

The POA has thwarted this and every other step of the process. She is in denial about Alice's condition and, despite the fact that Alice will be discharged in 48 hours, will not agree to support our selection of an assisted living facility but at the same time she has no alternative plans.

In addition, Betty has no idea of any of the details of Alice's finances, has not, even though Alice has been hospitalized for more than a week, worked to get Alice's affairs in order, and has not been paying or reviewing bills.

Because this woman has watched Alice decline without taking any action for over a year after obtaining POA under dubious circumstances, has done nothing to properly manage Alice's finances, and is now impeding further treatment recommended by her doctor, is there anything that my wife and I can do to have this POA removed?

Any help would be greatly appreciated. Thank you!
Look in your state statutes under guardianships and POAs to see if the POA is invalid after a petition for guardianship has been filed with a court.
 

Dandy Don

Senior Member
It's very unusual that you would state that "Betty has no idea of any of the details of Alice's finances". That is the first place you should be looking--at her bank accounts and other assets to see how much money she has withdrawn. The family law attorney can tell you whether POA's are required in your state to provide an accounting to prove she is spending the money on Alice's care and not selfishly keeping it for herself. Let's hope she is not guilty of elderly financial abuse or abuse of power of attorney.
 

anteater

Senior Member
ubfunylokn2 -

1) Please start a new thread instead of posting to a thread that is 1-1/2 years old.

2) Your post is nearly unreadable. Please use standard punctuation.
 

ubfunylokn2

Junior Member
anteater

I have no idea what you are talking about, This is my first post. Start a new thread? where? I can read my post just fine
 

Dave1952

Senior Member
The original post of this thread was made by a Mr. Carr in April of 2009. It is unlikely that he is still reading this thread and he will not receive your thoughts about his situation.
To see the posting date look at the blue line atop the post.

Good luck
 

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