How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Estate Law
Satisfied Customers: 15760
Experience:  Licensed Texas General Practice Attorney
19487448
Type Your Estate Law Question Here...
ScottyMacEsq is online now
A new question is answered every 9 seconds

My 83 year old mother has been diagnosed with dementia and a

Customer Question

My 83 year old mother has been diagnosed with dementia and a number of other health issues. I am DPOA. The medical community believes that she needs 24/7 care due to the medications that she is taking. When she is non-compliant with her meds, it mimics severe dementia. Over the course of the past year, she has been non-compliant with her meds 5 times. She has ended up at the hospital due to numerous falls and then into rehab. Once she is compliant with her meds, they send her home and the cycle starts all over again. She is refusing all in-home help agencies, assisted living, and nursing home options. She has never been deemed incompetent in a court of law. Do I have the right to insist that she accept care? I would need to use her house, which is paid off, in order to finance her in-home care. Also, do I have the right to hire a family member to care for her?
Submitted: 4 months ago.
Category: Estate Law
Expert:  ScottyMacEsq replied 4 months ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. A power of attorney only means that you can act on behalf of her, in terms of financial matters, so long as you have a good faith belief that she would assent to your actions. Now if she's incompetent, you can still enter into financial transactions and contractual arrangements that she might not agree with now, but again, it would have to be those which you would have a reasonable, good faith belief that she would agree to if she were competent. Now getting a diagnosis of some mental defect / etc... that would render her incompetent is something that would best protect you in this matter under your DPOA status (unless the DPOA specifically requires that she be deemed incompetent by a court of law). But the DPOA does not give you the right to act against her wishes. You could seek a "guardianship" over her, in which you act in the best interests of your mother (rather than her wishes) but a DPOA would not provide you that same cover. You'd need to be acting within your mother's competent wishes or the express language of the DPOA, if you do not have a guardianship.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 4 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 4 months ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 4 months ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 4 months ago.

Hello?

Expert:  ScottyMacEsq replied 4 months ago.

My apologies, but I must assist the other customers that are waiting. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★).

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 4 months ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 3 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 3 months ago.

I see that you STILL have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Related Estate Law Questions