Can a persons POA make them go into a board and care home, even if they don’t want to ?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a persons POA make them go into a board and care home, even if they don’t want to ?
My BF sister is her parents POA.They both have alzheimers.The mother is far gone and the father is just fragile,but can still converse.She doesn’t want to separate them, the father wants to to live with his son, the mother has no idea what is going on half the time she doesn’t know where she is at or who she is talking to. Can his POA (daughter) enforce him to go live into a board and care home?
Asked on December 9, 2010 under Estate Planning, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
A Power of Attorney is a privilege that is bestowed upon an individual by a party and can be revoked by a party at any time. The problem here is the Mother who has Alzheimer's. She is not of sound mind to revoke anything at this point and your best friend should consider making an application to the court to become her conservator. Then she can make whatever decisions she needs in her Mother's best interest. Asfor her Father, he needs to send the sister a letter revoking her POA and appointing someone else if need be. No one should be forced to go anywhere they do not want if they are of sound mind. So tell him to revoke the POA asap. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.