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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption