Can power of attorney be reversed even though early signs of alzheimer are present?

Question

My sister took power of attorney over our parents. My mother has always handled most of the finances. At the time my mother was over medicated which caused her to have severe symptoms of alzheimers and so my sister put her in a nursing home and became power of attorney. Once her medication was corrected she became very coherent about 95% of the time. My father has moved in with me and my family. My sister continues to have power of attorney and we believe that she is using our parents money for her own benefit. Is there any way to determine what financial transactions have been made? Is it possible to change power of attorney even though out parents may have slight signs of alzheimers?

I've added these comments after seeing some of the answers. This originally started in Arkansas and we then moved them up to Illinois were we live. Also, my parents get a couple thousand a month from SS. My sister only gives me about $200/month to care for my father. Is she free to use the rest for her own personal use or should it be directed into my parents savings account? We have also recently learned that my parents will has been changed so that eveything will pass to my sister if they die. After talking with both of my parents they have told me that they wanted everything to be split between the two of us. From the comments so far it sounds like most of what my sister has done can be resolved. I'm hoping the threat of going to court will be enough to have her change the will back and get dual power attorney over our parents so that I'm in on all of the decisions.

Answer 1

If she is misusing the POA, you need to do something about it. If is possible, but you might want to take the responsibility or have a neutral 3rd party (who can, I believe, be appointed by the court) You need to get a lawyer to represnt you and your parents to get the courts to look in on this. The money needs to go to the care of your parents! POA is not set in stone.

Answer 2

The real answer to this question is that it depends on the state. Some states require 3 separate doctors to certify a person competent. POA's are revocable in all states, depending on the mental status of the patient. You need to hire an estate planning attorney. The state you live in has a Bar Association who will refer an estate planning attorney to guide you. If there is suspicion of illegal activity such as your sister using your mothers funds for your sisters benefit, then the attorney will probably hire a forensic accountant. Feel free to email me with any other questions.

Answer 3

Take it to court, let a judge decide.Your attorney gets access to financial records under a subpoena but what I am reading your sis did nothing wrong by the original POA,so it's all your burden of proof. If you are still caring for you dad and she doesn't object, I think the court would have you POA over him or instruct her to pay all those expenses separate.

Answer 4

If your sister wants to fight to maintain the POA, she can force a competency hearing before a judge. Experts will testify as to your parents' abilities to make rational decisions.

Most courts will side with your parents because they don't like the idea of people losing their rights to make their own decisions.

But if your parents are not competent, then you'll have to prove that your sister is abusing her POA for her own benefit. That can be very difficult to do. You'd need strong proof, because your parents DID give her to POA to begin with.

Good luck.

Answer 5

Forgetting how to pronounce words is a major problem, which you NEED to help her seek treatment for. It could be small strokes causing brain damage, part of it could be a type of dementia, it could be a combination of things, or any number of things, although with alzheimers, it's often that short-term memory is often the the most affected, without much of an effect on long-term memory, at least not until a much latter stage.

Answer 6

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RE :Can power of attorney be reversed even though early signs of alzheimer are present?
My sister took power of attorney over our parents. My mother has always handled most of the finances. At the time my mother was over medicated which caused her to have severe symptoms of alzheimers and so my sister put her in a nursing home and became power of attorney. Once her medication was corrected she became very coherent about 95% of the time. My father has moved in with me and my family. My sister continues to have power of attorney and we believe that she is using our parents money for her own benefit. Is there any way to determine what financial transactions have been made? Is it possible to change power of attorney even though out parents may have slight signs of alzheimers?
Update: I've added these comments after seeing some of the answers. This originally started in Arkansas and we then moved them up to Illinois were we live. Also, my parents get a couple thousand a month from SS. My sister only gives me about $200/month to care for my father. Is she free to use the rest for her own personal use or should it be directed into my parents savings account? We have also recently learned that my parents will has been changed so that eveything will pass to my sister if they die. After talking with both of my parents they have told me that they wanted everything to be split between the two of us. From the comments so far it sounds like most of what my sister has done can be resolved. I'm hoping the threat of going to court will be enough to have her change the will back and get dual power attorney over our parents so that I'm in on all of the decisions.
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