My older sister has power of attorney for my 93 year old Mom. She is no longer able to take care of her and wants to put her in a Respus, (nursing Home?). Can that power of attorney be changed so she can come live with me. I have two other sisters who do not want our Mom to go to a nursing home.
State/Country relating to Question: Texas
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.Tell me, is mom competent? Able to think and reason for herself?
She is able to walk with a walker most of the time. Sometimes her knees will not allow her to walk. She seems to be fine through the day, but she gets mixed up at night time. Not all nights though. It just comes and goes with her.
Then mom can (and perhaps should) revoke the power of attorney.A power of attorney can be revoked at any time for any reason or for no reason at all.It sounds like perhaps mom should consider doing just that...or at least revising the POA to limit the power that the sister has.So long as she is competent, she can (and should) be making these decisions herself.Any local attorney can draft up the revocation for the POA...it is very simple to do.
I don't think she can make that decision on her own. She just does what anyone ask her to do and it doesn't matter who it is. Even if it is not family. She does not seem to know the difference.
ThanksIf she is not competent?Then you would need to go to court. The court (your county court) can, and will if you show them it is needed, appoint someone to act as a guardian for her affairs.What you describe? If mom is not competent, you need to go to court and have the court appoint you as guardian.Then you can step in and take care of mom and protect her from your sister.A local attorney can help you file this with the county court.
My 93 year old Mom lives in West Virginia with my 73 year old sister. I live in Texas. I am 63 years old. Do I have to go to court in West Virginia or can I go in Texas?
You have to go to WV. Since mom is in WV, you need to go to court in WV. That is the state with jurisdiction.So you will need to hire a WV lawyer to prepare the case.
Estate Law Expert
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