My mom and her sister are DPOA of medical and financial for my grandma. My grandma recently had a stroke and has been diagnosed with vascular dementia. My grandma has been trying to write checks in the thousands but my aunt has taken over financial stuff due to the dementia diagnosis and my grandma's doctor told them my grandma is no longer competent to take care of her finances.
My mom's other two siblings are hateful people who are trying to revoke the DPOA, don't believe my mom and aunt that my grandma has been diagnosed with dementia or that my grandma has dementia and continue to get my grandma worked up over finances. Is there anything we can do to put a stop to this? It is a very stressful situation and the other two siblings have been verbally and physically aggressive. Any help or recommendations are greatly appreciated! Thanks!
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Your mother is the one who could revoke it. It could be revoked by others if they could prove you do not have your mothers best interests at heart. I would consult a lawyer if I were you.
The doctor who provided the dementia diagnosis has an obligation - in my opinion - to put you in touch with a family counselor, psychiatric social worker, hospital chaplain, or geriatric specialist to advise on this situation. Domestic issues like this rip at the fabric of our society, and my heart goes out to you.
I believe the first question has to be:
1.) Who signed/gave the DPOA to your mother and her sister?
2.) Did your grandmother sign/give them the DPOA (notarized) before she was diagnosed with dementia?
3.) If so, How long before?
4.) Can anyone document that your grandmother was well enough to know what she was signing?
5.) What does your grandmother say about this situation? Does she want it stopped? Irregardless of your grandmother's condition she may still have a some input about this (if it comes before a judge).
If there is anything in the questions above that did not happen legally then anyone can contest this action.
All of this will have to be handled legally so if your mother does not have sufficient finances to hire an attorney then she should go to her local Family Services office and ask them to help her find an attorney that is free or at a reduced rate.
There is no other way to stop this harassment and if any of this DPOA was not handled properly/legally then a judge will have to decide how her estate will be handled.
Your mother will probably have to present receipts and legitimate reasons for all money that has been used from your grandmothers accounts. Not only money but any changes that have been made.
A POA is a very legal document and cannot be treated lightly and should not be abused either by the person using it or anyone trying to obtain it.
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