scope of durable power of attorney
I have a friend who has mild to moderate dementia and lives at an assisted living facility. The family has had me investigated by the state for financial exploitation for which no charges were made, because there has been no financial or other exploitation on my part. The ex-wife has durable power of attorney and has given the exec. dir of the facilty orders to keep me from visiting him. She is his poa for financial matters and medical, in the event he is determined to be incompetent to make medical decisions (which he has not). He is competent to self medicate, leave the facility on his own without supervision and is level one care (he does his own laundry, requires no prompting, etc.). Does the poa have the right to deny his rights to associate with whomever he wishes (Delaware’s Residents’ Rights Law) when there have been no charges of abuse or exploitation? The poa does not visit the resident and has very little contact with him. In nearly a year that I have known him, she has visited once and accompanied him to two Dr’s appointments. In addition, do I have a case for defamation since these directives against me visiting gives the appearance that I have done something wrong?
Category Archives: Elder Law
durable power of attorney My parents had papers drawn up as durable poa’s for…
durable power of attorney
My parents had papers drawn up as durable poa’s for each other, with me, their daughter & only child, as back up. My dad has alzheimers & is in a nursing home. Mom took poa over dad, then made me poa for her. I thought that meant I was poa for my dad. I tried to have poa papers signed & notorized at the nursing home, but was told dad isn’t in his right mind so they could not do it. I have to take care of everything but run into problems because I’m told I do not have poa for dad. My lawyer never mentioned having papers done for me to have poa over my dad. What can I do?
Thank you
durable power of attorney If my husband signs a durable power of attorney to…
durable power of attorney
If my husband signs a durable power of attorney to take over his father’s financial and medical affairs, will that make him responsible for his father’s past debts? His father has a car that is behind in payments, and will most likely be repossessed, so will my husband be responcible for that debt? My husband has also recently added himself to his father’s bank account, so will this repossession of the car affect my husband’s credit standing?
Conservatorship of senior My 80 year old relative and his 42 yr old wife of 14…
Conservatorship of senior
My 80 year old relative and his 42 yr old wife of 14 years recently separated due to his demensia & alcoholism & to protect their 8 yr old triplets. By the terms of their premarital agreement she gets nothing if they get divorced. Her husband’s closest blood relative is his abusive son who is married to a conniving bitch. The senior’s stepson has been taking care of him for the last several years (and is the executor of the estate) but now the birth son wants to seize control as his father is very wealthy. A living trust was set up about 15 years ago. I dn’t know who has the ”durable power of attorney ” for financial & health care directives but there is one in place. Can the wife act in conjunction w/ the doctor to take conservatorship even though they are currently in the Family Law court over divorce/separation? She wants a separation only, of course… the birth son & his wife are trying to convince the senior to divorce his wife if she won’t move back in (which would be very hard on her & the kids.) We are afraid they will get the senior to change his trust & then have him declared legally incompetent & then finish his wife off in a divorce. Can the wife or stepson get conservatorship? Should they act 1st or wait to defend?
Elderly mother loans car to unlicensed grandson My mom has been pressured by…
Elderly mother loans car to unlicensed grandson
My mom has been pressured by her 17 year old grandson to loan him her car. He does not have a license and my siblings, other than the sister of the boy, have repeatedly talked to her and the boy about the consequences of her action. Each agree, but then we find it has happened again. In the past the boy has been very forceful to actually take the keys away from Mom. We have since moved her to a retirement community. Previously my sister(A) and her son(s) lived in my Mom’s house and my mom was verbally abused and on 2 occassions physically abused by this boy. That is why my older sister(B) and I moved Mom to a place where my sister(A) and son could not live with Mom anymore. However the boy continues to ask for the car and I’m not sure how forcefully he pursues it. My mom has also made some recent poor financial decisions such as agreeing to sell a $35,000 property for $2500. Sister(B) has durable power of attorney. What can we do to protect my mom? Her memory is moderately impaired.