Legal Question in Elder Law in Missouri

Re: Capabilities of the POA

The nursing home can't withhold anything from a competent individual if they do not want it held. The problem is really one of competence and determining that.

The best thing to do is for an interested person (e.g., you) to file a "petition for guardianship and conservatorship" in order to bust the POA. A POA won't hold water if there is a guardianship. Moreover, the elder gets a chance to be heard to determine if they are competent. If they are, then the court will so rule and the nursing home must rely on their dictates, not that of the POA from that point forward.

The POA is also liable, civilly, for any harm he or she inflicts on the elder and could be sued in wrongful death if their actions cause or contribute to cause the death of the elder.

I hope this helps.

Re: Capabilities of the POA

I rarely disagree with what another attorney places as a response on this service. Therefore, I wish that what I am about to state to be viewed as an alternative, but not always the better one.

If the nursing home resident is competent, then they may revoke a power of attorney that they previously executed. They should do so in writing, giving a copy to the attorney in fact (person operating under eeh POA) as well as any person they want to ignore the Attorney in Fact's decisions under the POA. This would force the Attorney in fact to try to have the nursing home resident declared disabled and incompetent to obtain or retain the powers like aGuardian and Conservator.

As to your specific requests as to the house, belongings, etc. you would need to provide more information in order for an attorney to advise you about it.

Good Luck,

Tony Smith