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Ellen, Lawyer
Category: Family Law
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Experience:  25 years of experience helping people like you.
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does a family member of an incapacitated person have the ability/right

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does a family member of an incapacitated person have the ability/right to override [poor decision] another family member who has P.O.A. in health care in Wisconsin? ( P.O.A. has ditched the senior aunt into a nursing home/ Medicare funded for 20 days regardless of her wishes and the rest of the family wants her home. Her mental state is declining rapidly causing depression BECAUSE of this)
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*


My name is XXXXX XXXXX I will do whatever I can to answer your questions!

A court order can override the power of attorney. Unfortunately absent such court intervention, the power of attorney would have full authority to make decisions on behalf of an incapacitated person.

You may consider petitioning the Court for a conservatorship to be appointed for your aunt. In a conservatorship, the judge appoints another person (the conservator) to be in charge of the conservatee's care and/or finances. The conservatorship overrides the power of attorney

You could petition the court to appoint either yourself or another family member to act as conservator. This would allow the conservator to make decisions for your aunt.

I would be glad to respond to any related follow-up questions that you may have.
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