IF MY MOM IS IN A NURSING HOME AND NOW WANTS TO LIVE WHAT CAN WE DO IF MY BROTHER HAS A DURABLE POA AND WANTS HER TO STAY WHERE SHE IS?

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IF MY MOM IS IN A NURSING HOME AND NOW WANTS TO LIVE WHAT CAN WE DO IF MY BROTHER HAS A DURABLE POA AND WANTS HER TO STAY WHERE SHE IS?

HAS NOT BEEN DECLARED INCOMPETENT. I HAVE NO PROBLEM WITH HERLIVING WITH ME; SHE’S UNHAPPY WHERE SHE IS. CAN I TAKE HER OUT OF THE NURSING TO LIVE WITH ME?

Asked on February 15, 2011 under Estate Planning, Minnesota

Answers:

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

Answered 13 years ago | Contributor

A POA is only as good as the paper it is written on.  By that I mean that your Mother can revoke it any time she wants as long as she has the mental capacity to do so.  So what I am assuming is that the POA is on file with the nursing home, correct?  Then have your Mother write a letter to your brother indicating that the POA is hereby revoked as of this date.  Send it by certified mail, return receipt requested and file a copy of the letter with the nursing home.  Then take her home.  I would also suggest that your Mother go and see an attorney about putting together the necessary documents to allow whomever she wants to have a say in her affairs.  Good luck.


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