Is it true that an agent with POA must do whatever the principal demands? If the principal makes unsound decisions that may impact their ability to safely live independently what recourse is there? For example, if the principal cannot manage finances on his own but wants to revoke the POA can they just do that? If the principal wants to give notice to a landlord of intent to vacate despite having no other place to go can the POA do anything about that? Is a guardianship the only possible path forward? Will the court consider the consequences of the principal’s behavior when evaluating competence?
I am waiting to speak to some elder law attorneys about this but I am curious about the experiences of others. It can take some time to obtain a guardianship and a lot of damage can occur in that time.
If the principal is of sound mind:
Principal has the final word
If the principal has mild dementia (diagnosed, but mild):
Principal might still have the final word, depends on how mild
If the principal has mild dementia (undiagnosed):
Principal might still have the final word, depends on how mild
If the principal has severe dementia (diagnosed):
Agent has the final word
If the principal has severe dementia (undiagnosed):
Agent has the final word. Since there are disagreement between POA and Agent, get a diagnosis. This can be shown to banks, so they know you now have the final word.
Lastly,
If the principal has mild dementia (undiagnosed or undiagnosed):
Principal might still have the final word, IN SOME SPECIFIC AREAS (for example, mentally competent to make medical decisions, but mentally incompetent to make financial decisions). This must all be evaluated officially, medically.
If during the hearing, they’re deemed incompetent, it’s not guaranteed that you OP will be given guardianship. The court will look at whether you should be guardian and also whether the principal wants you as guardian. If the court, regardless of the principal’s wishes, feels that you shouldn’t be guardian (for example, the court might ask about your financial situation. If you’re very poor, if you have your own home, factors that might tempt an agent to steal from the principal)…If the court feels you shouldn’t be a guardian, they might ask about another family member, or the State becomes the guardian.
A guardian has FULL CONTROL over the person:
medical and finances.
A conservator has generally control over only finances. Why? Because as I explained in my post below, a person can be mentally competent in one area (like health decisions), and not in another area (like financial decisions).
Lots of people explained to you, how it all works:
https://www.agingcare.com/questions/how-do-we-control-moms-finances-482365.htm?orderby=recent�
My friends wish they had never needed to become guardian. They became guardian because there was no POA.
You already have POA.
If your mother is of sound mind, yes she can revoke your POA. That’s her decision.
A guardian has the final word. A conservator also has the final word, for example over finances.
guardianship and conservatorship mean the same thing.
But in general, it’s as I say:
A guardian has FULL CONTROL over the person:
medical and finances.
A conservator has generally control over only finances.
Since the social worker is against you, it’s not easy.
You must see a lawyer.
But you can try talking to a different social worker.
If the criteria is met, and the document states you have authority in the area of disagreement, then you should be able to legally act in her best interests.
If she has capacity to where she can revoke your PoA then you are out of the picture. If she has enough capacity then you won't be able to acquire guardianship. Pursuing guardianship through the courts is very expensive and you will have to prove her incapacity before the judge.
If she revokes all PoA and doesn't reassign a new agent, then becomes cognitively incapacitated, then the county can acquire guardianship.
If Immediate, you are now in charge. Mom is not competent of making informed decisions. My Moms was immediate and my involvement was never questioned.
Springing to take charge, you need that formal diagnoses for POA to become effective. But even then, you know the person cannot make decisions in their best interest. Plus a person who is this far into their Dementia should not be living alone.
david