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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111683
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I have an elderly mother with Alzheimer's and cancer living

Customer Question

I have an elderly mother with Alzheimer's and cancer living with me. She was living in a nursing home before and my sister moved with her to Virginia. I can not have her living in my house any longer... she is very difficult and hits my 12 year old daughter when she gets upset. My sister has POA and I gave her two week notice... that I would not be taking of mom any longer. Yesterday we tried to drop her at my sister she had the guard ask us to leave. I don't know what to do. I need my mom out the house at the same time I don't want to be accused of adult abuse. I like to put her on a plane to CA where my brother is but still I don't know if he will go and pick her up at the airport.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: We live in Virginia. She is in Virginia. Before she used to live in California.
JA: Has anything been filed or reported?
Customer: No, I talked to social worker and she told me there was nothing I could do. Last week my mom fell out of her chair and my sister pointed the finger at us even though her doctor has said because of her meds she is at high risk of falling down.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No , I like to know if I can just drop her off in California and if not how can I do it safely without causing legal problems for myself.
Submitted: 1 month ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You need to contact Adult Protection Services and inform them the PoA for your mother refuses to take proper action to put your mother in a facility where she can be protected and also not hurt herself or others. Adult protection will step in and will go to court to remove your sister's PoA and will either take it over themselves or will seek to have you appointed PoA or guardian. Your alternative is you need a local attorney to file in court to remove the POA and appoint you as guardian and then you can put her in a home that is designed for patients with her types of mental health and medical issues.