What can be done ifrelatives don’t agree with a POA’s decision to put a family memberinto a nursing home?

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What can be done ifrelatives don’t agree with a POA’s decision to put a family memberinto a nursing home?

I have been my grandparents caretaker for the past 6 months. My grandfather passed away a week ago leaving everything to his wife. Grandpas daughter has POA for both of them. My grandmother’s daughter is trying to remove her from her home. She does not want to leave and be put in a dementia ward at a nursing home where she will be alone and visited twice a week. I and my grandfather’s daughter want to make sure all her emotional, physical, and mental health needs are met. We have a nurse come in twice a week. She has not been deemed mentally incompetent.

Asked on July 15, 2011 under Estate Planning, Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I really think that your Grandmother should seek legal help here.  First, I am understand that the children are not from the marriage of the grandparents, or are they.  Secodn, the POA for Grandpa died with him.  Only the POA for Grandma is still ineffect.  And depending on what it says it is only good when she can not make decisions herself.  If she is still ok to do so then it need not be used unless she asks for help (like in paying her bills). AND IT CAN BE REVOKED AT ANY TIME meaning that it will no longer be in effect.  But is there a health care proxy also in place?  How is her daughter trying to remove her?  By declaring her incompetant or incapcitated?  If she is not then Grandma needs to get legal help and file a restraining order against the daughter.  She also needs to make sure that the house is proteced.  Like maybe put in a trust with her having a life estate.   Please get her legal help NOW.  Good luck.


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