Potential PoA Challenge

Caregiver222 · May 11

I have PoA (financial and medical) for my LO with dementia. Other family members and I have a difference of opinion on where my LO should live. I’m just trying to honor my LO’s wishes as long as it’s feasible. I received communications from these family members that make me think they are gearing up to challenge my representation and maybe even attempt guardianship. I’d like to discuss the matter with an attorney. Should it be an elder law attorney or a litigator? It’s a very small town so my choices are limited.

Victoriaredux · May 11

Some Elder law attorneys do litigate. Here is a list of Elder law specialists https://www.naela.org/Web/Shared_Content/Directories/Find-a-Lawyer.aspx

Many practice in multiple states.

As an aside, you don't mention if you are allowing the LO you hold a DPOA for to be more independent than the other relatives think is safe.

And safety is the guiding principal, not what LO said they want. Who ever says they want to be placed or have care givers in their house? With impaired memory and judgement you may feel placement is "too early" but you don't want to find that it wasn't after something bad happens.

Probate court is a never ending time and money drain , if what the relatives want is on the safety side - why not consider it now- one of your duties is to manage their money well and 5 /6 figure lawyer bills aren't providing care or comfort.

H1235 · May 11

Victoriaredux has given great advice. I would do a little research. Best practices for people with dementia at your loved ones stage. You need to have some defense other than this is what my lo wants. Safety has to be the number one priority! I don’t know the situation, I’m kind of guessing here, but if you want to keep a lo in their home and they have already been diagnosed, you might have a difficult case to prove. I believe that by the time a person is able to be diagnosed with dementia they are probably not safe to live alone. I’m sorry if I’m over stepping or making the wrong assumptions. This staging tool also gives care recommendations at each stage.

DBAT.pdf

harshedbuzz · May 11

I'd start with the elder law specialist. They can refer you to a litigator if it comes to that.

If your LO gave you the POA and you've not been abusive or negligent, it's unlikely to be overturned. This is especially true if you are a next-of-kin and they aren't as close in terms of relationship. An adult child would be most at risk if the other party is a spouse or child of the PWD or if there was consensus among a group. This is especially true around issues of safety. If there is a paper trail of eloping or near scrapes with law enforcement things could be complicated.

HB

Caregiver222 · May 14

https://alzconnected.org/discussion/comment/272170#Comment_272170

They don’t live alone, per se. They have 24/7 caregiving at home with the staffing issues seen at many memory care facilities, I believe this is safer and better care.

H1235 · May 15

https://alzconnected.org/discussion/comment/272427#Comment_272427

I’m glad to hear they are getting the care they need. Sound like you are on solid ground for defending your decisions.

Potential PoA Challenge

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