What rights does a person have after power of attorney has been assigned to a relative?

Question

My Aunt was diagnosed with Alzheimer's a few months ago, which deemed her mentally unable to make decisions for herself and therefore invoked power of attorney to my cousin. My Cousin decided it was best for her to be "put" in a home care facility and was taken there directly from the doctor's office Now, she's not allowed to leave the residence without her (cousin) permission. She has not even back to her home to retrieve personal belongings. My ? How can she attain a second opinion on her medical evaluation? I have not been able to visit her in person yet (she is in OK, I am in CA) however, her mental state has never been at all vague or distracted during any phone conversation. She has never shown any signs of disorientation or confusion, but is in fact VERY aware of the current situation, so of course is unhappy. My cousin has also mentioned selling her house, and of course has full access to all bank accounts...etc.
Does anyone has any advise how I can help her?

Answer 1

A diagnosis with Alzheimer's may not be enough to substantiate the overtaking of one's assets by a power of attorney. A durable power of attorney is a legal document that allows one person to act on behalf of another (within certain limits) beyond the person's incapacitation -- IF the power of attorney is stipulated to take effect after your aunt's incapacitation, then it is vital to prove that she is not, in fact, incompetent.

This can be done several ways -- first, the social worker of the nursing home should have done a Mini-Mental Status Test -- this detects alertness -- the nurses will also be charting regularly how alert your aunt is. If they chart that she is alert and oriented times three (person, place, thing/date) then the POA (if it takes effect upon her incompetence) could be contested (which means that a judge could determine it invalid).

If you think that your aunt is being taken advantage of, you should contact your local department of job and family services, and ask for the number for adult protective services, and the long-term care ombudsman.

Technically, she CAN leave the nursing home against your cousin's advice -- IF she can consciously and cognitively make that decision -- the issue is, then -- whether it's against medical advice, or not (in Ohio, if a patient leaves AMA, he or she is responsible for the total cost of the stay -- medicare/medicaid/insurance won't pay).

Start with adult protective services and the ombudsman.

But, remember -- if the doctor diagnosed her, there was a reason for that diagnosis -- you are not there with her all the time, and you're not capable of adequately judging her mental status by a couple conversations on a telephone -- the nursing assistants and nurses interacting with her could be your best source of information.

Answer 2

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RE:
What rights does a person have after power of attorney has been assigned to a relative?
My Aunt was diagnosed with Alzheimer's a few months ago, which deemed her mentally unable to make decisions for herself and therefore invoked power of attorney to my cousin. My Cousin decided it was best for her to be "put" in a home care facility and was taken there directly from...

Answer 3

She is already getting help. She has been diagnosed (!) with Alzheimer. She still may sound to you perfectly well on the phone. At the facility where she is at, she receives the full course of medications that help to keep her mind at a relatively stable level; however, let her outside, and she WILL get lost at the nearest corner. The care she receives now along with the medical attention and medications are NOT cheap. Your jaw will drop down all the way to the floor when you find out the price. If you are so desperate to help, go down to the facility and help to bath and feed her, and then cover some of the medical expenses that your cousin is dealing with!

Answer 4

our aunt passed and we think our cousin has the power of attorney my aunts husband is still alive hes 93 but as sharp as a tack our cousin came in after she died took all her jewelry ,clothes,acct info .and told the care giver shes power of attorney and she can do whatever shes taking over what can we do to stop her from taking things out of the house

Answer 5

How sad...and how was this cousin chosen...nothing in his/her past would have caused some red flags?

You need to contact an advocacy group (in your aunts area)that helps the elderly and explain the situation. Usually they can help for a nominal fee.

If this cousin is the child of your aunt, it may be harder to reverse, but if she was already showing signs of dementia, it may be provable that she made an undesirable choice.

Last resort, contact an Attorney that specialized in contractual and/or geriatric causes..or maybe civil rights.

Good luck and please keep trying to help. The only thing as bad as child abuse is parent abuse.

Answer 6

Happens every day there should of been more than 1 as they have power of the pen so hope some 1 is executor to her estate an over see the actions that are being used>? or she can end up with nothing an left broke>?Get to her attorney and the heirs an see what can be do>???

Answer 7

many people say they married their "perfect" mate but some divorce others stay married. I say that to say If there are no red flags sometimes you just don't know. I think there is always doubt when making big decisions but you gave to be positive that the pros outweigh the cons.

Answer 8

Find yourself a good attorney and if you can try human rights associations experts opinion - she is not being protected she is being abused - so it seems.