Can siblings have a POA revoked due to negligent care taking.

UPDATED: Oct 2, 2022

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Can siblings have a POA revoked due to negligent care taking.

One of my sisters has a POA for my dad’s medical/healthcare. He has a CNA come
to the house to prepare meals, clean house, wash clothes, give baths and dress
him. My other siblings and I have noticed that these things are not being
done. We believe he has to prepare his own meals which must be cooked in the
microwave which sometimes is not cooked completely and are cold, the house
stinks of urine, his clothes smell of urine and feces and from looks of his
pants you can see that they have been that way for several days. He also
smells and by monitoring the bathroom the shower sometimes is not used for
several daysweek. We often go to see him and he is not even dressed at noon
and this is a function that he just cannot do. We feel he would do better in a
home where these issues would be taken care of but there is resistance. We
have also tried to address this issues with him but he becomes defensive about
it but this may be due to the fact that the CNA is his step-daughter. Please
help as I do not want my family to be divided due to this problem.

Asked on July 22, 2019 under Estate Planning, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You do not indicate that your father is mentally incompetent, so for purposes of his answer, we will assume that he *is* competent. If he is, only he can revoke the POA: a competent adult decides who (if anyone) can have a power of attorney over him, and no one--even concerned family members--can overrule his choice.

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 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.

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