Power of Attorney over my elderly mom

[shademorgis]

What is the name of your state (only U.S. law)? Oklahoma
I have an elderly mother who has gone into a nursing home. She gave my daughter her land 3 years ago. My mother is being penalized from DHS for medicaid because my mother gave the land to my daughter less than 5 years ago. My sister is sick and lives far away, but is trying to help me figure this mess out. My daughter and I both signed responsible party forms to the nursing home. But my daughter has dumped all the DHS dealings on me. Yet her and her husband want to dictate, but not help out with my mom. My mom made my oldest brother executor in her will, but he lives far away and is very sick. I'm listed as second executor in my moms will, should my brother not be able to fulfill as executor. My question is-Would this help me get power of attorney over my mom, along with my sister if she wants to. My daughter and her husband are tyrants. My mom is getting alzheimers worse. Thanks

 

[anteater]

A power of attorney is granted by a principal, for example your mother, to an agent enabling the agent to act on the principal's behalf. In order to do that, the principal must be considered legally competent. Depending upon your mother's specific circumstances, she may or may not be able to grant you (and/or your sister) power of attorney. You would need to consult with her medical personnel and an Oklahoma attorney to determine that.

The alternative is to apply to the court for guardianship.

Nomination as executor in a will is not relevant.