Can a persons POA make them go into a board and care home, even if they don’t want to ?

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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 10 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.


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