Legal Question in Elder Law in North Carolina

Contesting Power of Attorney

My 91YO mother is in an Alzheimer's wing of an assisted living facility in Rockingham, NC. My Sister has a POA which was executed after it was determined my mother had Alzheimers, yet she is in charge of her person and possessions. Now, my sister is having my mother moved from that facility to another facility in another town closer to her we suspect because it will force the other siblings to travel to her area and visit her as well. My sister has no income other than SSA and lives in public housing. I live in VA and my other sister lives in AL and we have furiously objected to the move as it will force my mother into a strange place and for no good reason - but to no avail. What can we do to contest the POA (and the move) and possibly set up a conservatorship? Do we as siblings have any standing to contest and gain control?


Asked on 4/01/09, 2:00 pm

1 Answer from Attorneys
Dennis Toman The Elderlaw Firm

Re: Contesting Power of Attorney

Powers of Attorney can be fought over the question of whether they were properly executed, or they can be superceded by a court appointed guardianship. Usually I see people go the guardianship route.

Generally a power of attorney will include a statement that the attorney in fact is the desired guardian, if a guardian becomes necessary. The Clerk is obliged to first consider that person, and name them as guardian unless it would not be in the best interests of the ward.

Contested guardianships tend to be as messy as nasty divorces, and about as expensive to litigate.

Of course, this is not legal advice and you should always hire an attorney to represent your own interests.

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Answered on 4/01/09, 2:08 pm


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