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Revoking POA and Guardianship of my elderly mother from my sister

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Bindu D

New member
My sister has POA over my mother granted in 2013. Also was appointed guardianship to her in 2017.
There are some limitations but it stills stands that she is guardian. My mother tried to revoke my sisters given POA. Her request and document revoking the POA dated 1/2/2019 was returned and not honored, resulting in it being invalid. Due to the fact that the court has a letter from my mothers doctors saying her cognitive comprehension is very diminished. Resulting in the revocation of POA is not being respected and not upheld to be valid. Long story short my mother doesn't want my sister to have POA and no guardianship over her.
Because, my sister is misusing her money, spending it unnecessary, and leaving her unaware of what and where her money is or going.
She is also making bad financial decisions and blaming them on my mother. Not respecting her wishes and over controlling all and every situations. My mother doesn't agree with what and how my sister is handling her estate. Nor does she trust her at this point. My mother wants all and any power removed from my sister. POA and guardianship.
I had a consultation with a lawyer today. I want to know exactly can be done and what rights my mother has due to her having a doctor saying her cognitive comprehension has diminished.
How can she revoke my sister's POA? How can she be removed as a guardian? If my sister cannot be removed, can it be modified where she has little to no authority? My mother lives in DuPage county, Illinois.
My mother trusts me more so if I have to step in Im willing but my sister will use my past to discredit me with my past issues.
Can the courts take away her POA and guardianship? How and what would I need to prove she is unfit and is using my mothers money for financial gain and security?
 


justalayman

Senior Member
What your mother can do will be based on her mental condition.

If the gauddianship was court appointed, it will require a court to terminate the guardianship. If your mother needed a guardian, it suggests she is not mentally competent to terminate the POA or the gusrdisnshiop.

If your sister is committing crimes, the police need to be involved. If she is abusing her authority somebody (you maybe) needs to get this in front of a judge.
 

stealth2

Under the Radar Member
I would suggest you speak with an elder law attorney. Her doctor's documentation will likely be enough to have the court consider her incompetent. Do not expect it to be an inexpensive project.
 

Just Blue

Senior Member
My sister has POA over my mother granted in 2013. Also was appointed guardianship to her in 2017.
There are some limitations but it stills stands that she is guardian. My mother tried to revoke my sisters given POA. Her request and document revoking the POA dated 1/2/2019 was returned and not honored, resulting in it being invalid. Due to the fact that the court has a letter from my mothers doctors saying her cognitive comprehension is very diminished. Resulting in the revocation of POA is not being respected and not upheld to be valid. Long story short my mother doesn't want my sister to have POA and no guardianship over her.
Because, my sister is misusing her money, spending it unnecessary, and leaving her unaware of what and where her money is or going.
She is also making bad financial decisions and blaming them on my mother. Not respecting her wishes and over controlling all and every situations. My mother doesn't agree with what and how my sister is handling her estate. Nor does she trust her at this point. My mother wants all and any power removed from my sister. POA and guardianship.
I had a consultation with a lawyer today. I want to know exactly can be done and what rights my mother has due to her having a doctor saying her cognitive comprehension has diminished.
How can she revoke my sister's POA? How can she be removed as a guardian? If my sister cannot be removed, can it be modified where she has little to no authority? My mother lives in DuPage county, Illinois.
My mother trusts me more so if I have to step in Im willing but my sister will use my past to discredit me with my past issues.
Can the courts take away her POA and guardianship? How and what would I need to prove she is unfit and is using my mothers money for financial gain and security?
What are your "past issues" your sister could use to "discredit" you?
 

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