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Hello: Are you related to Marion? If not, then there is not much you can do to try to get permission to visit Marion. If Marion is now under court appointed guardian, the guardian can tell the nursing home not to permit you to visit. To take this kind of matter to court you have to have legal grounds to assert a right to visit with the person, and you would have to prove that Karen is somehow mistreateing Marion. Mere friendship, or a need on your part to visit the person would not be sufficient grounds and a suit based on that would be dismissed by the judge rather quickly and your money for legal fees would be wasted.
I know this is not the information you were hoping to receive, so please check this out with a local attorney and the Adult Protective Services when they call you back.
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We did have a health care meeting which was to clarify "Who" is currently Marions DPOA....With the more recent change of POA happening Feb 8th, the attorney who was representing Marion last year when I was appointed, came to this care meeting. He noted that this Karen would now be POA best he could calculate.
My confusion is why bother with the Incapacity form of which 2 doctors signed this thing and determined Marion to be in capable of making decisions?? So it's valid when things are good and can be invalidated?? Seems fraudelent to me.
I would appreciate hearing what you have to say to this. Thanks,
PS Thanks for confirming what I unfortunately already knew.
Hello Susan: I can't establish a time line for these events. here. You might ask your attorney how Marion's Feb. DPOA could revoke her prior DPOA to if she was mentally incompetent at the time. Also, if a guardian or conservator has been appointed by the Court, the DPOAs are both revoked. The attorney can also advise on how much it would cost to fight her DPOA in court. I can only guess, between $3,000 - $5,000. Attorneys don't like cases like this and try to discourage them with very high fee quotes.
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