• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Help revoking gen POA

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state (only U.S. law)? Ohio

My grandmother lived in Ohio her whole life. 2 years ago my uncle came & moved her & his step-father to Florida. My grandma did not get her bloodwork done & suffered a stroke. My uncle moved them back up to Ohio because he was getting evicted. In Ohio, they were getting PASSPORT. They had an RN in every week & a home health aide in every day. They also had meals delivered to them & transportation to/from Dr. appts. They have been on the waiting list for an assisted living center & are supposed to go there in less than 2 wks. My grandma was dx with cancer in Oct & needs a chemo pill & her labs drawn every week b/c she's on a blood thinner.

2 weeks ago my uncle came & moved them to WV. He put them in their own apt. My grandmother called crying & I went down to bring her home. When I got there, my uncle came by & said she was not going anywhere. He called the police & the young cops said they weren't familiar with POA's but my uncle pointed out where it is a general poa & they signed it saying he was able to make any & all decisions for them. My grandmother told the police she wanted to go back home & get in the assisted living center. She didn't know she was signing over all rights in a POA. She hasn't had a bath in 2 wks either. I was told if she went anywhere with me I would be arrested for kidnapping. My grandmother has been "not feeling right" for 3 days. She said she was afraid she would have a stroke again & wants to go somewhere where she'll be taken care. I was not allowed to take her to the ER so I called the squad. The officer said it would cost $6000 to get the POA changed b/c they can't sign a new one since they agreed in this POA that they can't make decisions.

The hospital admitted her overnight. They said they don't know if Adult Services will step in or not, but they will be contacted. They signed/notarized a Rev. of any & all POA, specifically one with him, but the police said that won't be honored b/c they agreed in his POA they can't make decisions. IF THEY DON't, is there anything that can be done???
 


BlondiePB

Senior Member
What is the name of your state (only U.S. law)? Ohio

My grandmother lived in Ohio her whole life. 2 years ago my uncle came & moved her & his step-father to Florida. My grandma did not get her bloodwork done & suffered a stroke. My uncle moved them back up to Ohio because he was getting evicted. In Ohio, they were getting PASSPORT. They had an RN in every week & a home health aide in every day. They also had meals delivered to them & transportation to/from Dr. appts. They have been on the waiting list for an assisted living center & are supposed to go there in less than 2 wks. My grandma was dx with cancer in Oct & needs a chemo pill & her labs drawn every week b/c she's on a blood thinner.

2 weeks ago my uncle came & moved them to WV. He put them in their own apt. My grandmother called crying & I went down to bring her home. When I got there, my uncle came by & said she was not going anywhere. He called the police & the young cops said they weren't familiar with POA's but my uncle pointed out where it is a general poa & they signed it saying he was able to make any & all decisions for them. My grandmother told the police she wanted to go back home & get in the assisted living center. She didn't know she was signing over all rights in a POA. She hasn't had a bath in 2 wks either. I was told if she went anywhere with me I would be arrested for kidnapping. My grandmother has been "not feeling right" for 3 days. She said she was afraid she would have a stroke again & wants to go somewhere where she'll be taken care. I was not allowed to take her to the ER so I called the squad. The officer said it would cost $6000 to get the POA changed b/c they can't sign a new one since they agreed in this POA that they can't make decisions.

The hospital admitted her overnight. They said they don't know if Adult Services will step in or not, but they will be contacted. They signed/notarized a Rev. of any & all POA, specifically one with him, but the police said that won't be honored b/c they agreed in his POA they can't make decisions. IF THEY DON't, is there anything that can be done???
How does the police know that revoking a POA costs $6,000.00? :confused:

Is granny competent?

Just because a person grants a POA, that does not mean that the grantor gives up all his/her rights. See an elder law attorney.
 

Kiawah

Senior Member
First if need be, a new POA can be written, to supersede the old POA (assuming granny is competent).

Secondly, there are Health Care POA's (which usually govern making health care decisions for granny), and there are General POA's (which usually govern making financial decisions for granny). You should get a copy of whatever is signed, so that you know exactly which you are dealing with.

Thirdly (as suggested above), get to an Elder Care attorney for a consult with your facts.

Good luck.
 
How does the police know that revoking a POA costs $6,000.00? :confused:

Is granny competent?

Just because a person grants a POA, that does not mean that the grantor gives up all his/her rights. See an elder law attorney.
My grandmother was never declared incompetent, but the police said she signed the gen POA & it stated that she agrees she cannot make decisions for herself. We (his daughter's too) will be contacting an Attorney on Monday, but he's now planning on taking her to Florida & we may not know where they're at.
 

anteater

Senior Member
While I don't want to say that it is totally impossible, I have never seen a Power of Attorney that precludes the principle from making their own decisions if the principle is still legally competent. It could be that it is a Durable Power Attorney, meaning that it remains in effect if the principle becomes incompetent.

The police are not the ones to be interpreting legal documents.
 

BlondiePB

Senior Member
While I don't want to say that it is totally impossible, I have never seen a Power of Attorney that precludes the principle from making their own decisions if the principle is still legally competent. It could be that it is a Durable Power Attorney, meaning that it remains in effect if the principle becomes incompetent.

The police are not the ones to be interpreting legal documents.
Nor quoting legal fees. :eek:
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top