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Is there protection of POAs from outside influenc durng difficult dimentia decisions

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birdtiger

Junior Member
What is the name of your state? PA

My cousin was handling my Uncles affairs as durable POA and involved many cousins and existing family with monthly discussions and decisions. All existing family was involved other than a brother that has not had contact for 10 or so years. My Uncle was very direct about not having contact and was very adement about the will and leaving that brother out of it. My cousing the POA even suggested with no luck to put him in the will is some fashion.

During the past year after we noticed forms of dimentia setting in and an eventual car crash, we started to make difficult decisions such as revoking my Uncles driving license with the help of his doctor. Other decisions that were made included were to install Carbon Monoxide detection, replaced Oven/Stove, take care of old electric, etc.

The dimentia worsened and it became necessary to hire outside help in addition to further analysis of his condition. He started to show lots of signs of anger because we insisted that his safety and well being were the first priority. After getting used to the outside help, he was happy and liked the visits he would get 3 times a week.

Analysis on his condition continued and my uncles attorney was aware of the problems that he was having. He prepared the initial will and POA and was aware of the family history with his out of the picture brother.

Unfortunately, the illness worsened and there was a recent determination moderate to severe Alzheimer's and we had to make the last and most difficult decision to move my uncle into assisted living care, which was extremely traumatic as would be expected. He was extremely angry with us and wanted desperately to get back to his house. Things looked up because he started to meet people and get comfortible.

However, perfect timing for his "out of the picture" brother was to come in and make ammends when the dimentia was at this stage. His brother promised him that he would get him back to the house and that we all have taken advantage of him. Within 3 weeks after making difficult decisions for years, the attorney for suspicious reasons allowed a complete change in will and POA without even considering the backgrownd and nature of this change. Not to mention that his capability to make this type of decision could be easily coersed during this traumatic time.

Needless to say, POA was revoked and we are all (except me) now out of the will and my Uncles life. It is not fair to my cousing POA and the others involved in my Uncles life and difficult times. Interestingly enough, my uncle is still in the care facility and there were no changes in the difficult decisions that we made. I spoke to my uncle who I believe is suffering from extreme dimentia and he is happy at the facility. I don't think he is strong enough mentally to have made this decision and it would be impossible for him to understand the gravity of what has happened. My other uncle "his brother" has warned me to stay out of it.What is the name of your state?

The attorney made his decision without consultation with us, his doctors, nursing facility or any reasonable authority. It was a short discussion and transition of POA. We were advised that his doctors could give an opinion about his ability to make this decision however I truly feel that my gut feeling goes well beyond that.

Does it not seem reasonable that during the trauma of Alzheimer's, which causes countless emotions including blame, hate, etc (many times transferred to the ones that love them most), it is an opportune time to be coersed or taken advantage of in this way. Is there no protection for people that are willing to make the difficult decisions????What is the name of your state?
 


Dandy Don

Senior Member
Please consult with an elder law or family law attorney to discuss whether elder financial abuse is now occuring with the granting of the new POA--the new one can be revoked as well if necessary. Was the cousin with the POA also the son of this uncle? If uncle had symptoms of dementia at the time he signed the original POA the original POA may not have even been legally valid.

If your cousin wants to retain full control--taking care of his physical needs as well as financial--then he needs to consider filing for guardianship. If it's too much for him to handle, then he should just leave the situation as it is now and wait for further surprises as this mess continues.
 

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