Legal Question in Elder Law in North Carolina

Overturning POA for Disabled Parent

My mother is 85 years old and in poor health. She has some dementia and did chose my older sister has her POA a few years ago. As part of this selection, it was understood that my mother would always remain in her home until her death. She would gave 24 hour care with a caregiver (which she has). However, my sister has gone through the trouble to have my mother declared incompetent and is calling various nursing homes in the area. I am worried that she will place her into a nursing home despite the objections of the rest of her family. What can I do to prevent this? Can I petition to have her POA reassigned? How would I do this?


Asked on 2/23/09, 1:12 pm

1 Answer from Attorneys
Dennis Toman The Elderlaw Firm

Re: Overturning POA for Disabled Parent

If the guardianship has been completed, then the guardianship is the forum to have this resolved. Unless this family has nearly unlimited resources and/or an exceptional long term care insurance policy, 24 hour home care for an extended time is financially impractical in any case. If money is an issue, it is important to know that there are limited benefits available for home care, and likely the benefits (primarily Medicaid) would be available only for care in the nursing home.

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Answered on 2/23/09, 3:32 pm


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