Legal Question in Elder Law in Alabama

poa over mom's being put in a care facility?

does a poa daughter have the authority to put their mother in a care facility against all the other sibling's wishes, when another daughter who also currently provides care,gladly wants to provide her a permanent home and the care she needs?the mother has dimentia


Asked on 1/17/08, 7:11 pm

2 Answers from Attorneys
Ronald Holtsford Ronald A. Holtsford, LLC

Re: poa over mom's being put in a care facility?

The powers enumerated in a power of attorney are the only ones allowed even though some may be very broad. For daughter or other person to have mother sent to a proper care facility, daughter would have to seek guardianship via a court proceeding.A guardian ad litem would be appointed to represent the interests of mother and the wishes of children that desire to provide non institutional care will be considered.

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Answered on 1/17/08, 10:24 pm
William Nolan Nolan Elder Law LLC

Re: poa over mom's being put in a care facility?

Ron is right. The POA, depending upon its validity, how broadly it was drafted and so on, might provide for the daughter to have the power to place Mom in a home over the wishes of the rest of the family. The others may challenge that POA however, by filing for Guardianship/Conservatorship status in the proper court. An attorney could tell you fairly quickly whether the POA gave your sister the powers though. Get a copy and make an appointment with someone.

William G. Nolan

www.NolanElderLaw.com

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Answered on 1/18/08, 8:21 am


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