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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 6769
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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I had been appointed Durable Power of Attorney for my 93 yr

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I had been appointed Durable Power of Attorney for my 93 yr old farm gal (Marion) I'd been helping nearly daily at that point for 10 months. Nearly a year later, I was removed from this position to nearly family member (Karen) who'd disowned Marion 3-5 years earlier. Marion ended up having a mild heartattack in Dec 2012, going through therapies and being put into an assisted living residence (by me as she was deemed by the county to be incapacitated - incompetent - unable to be on her own in her farmhouse). Now she was relocated about 8 weeks later into another home - more directed to helping dimensia, alzheimer people. ie locked facility. After she'd gotten settled, I had gone to visit her with a friend of mine who she knows as this friend, Debbie had helped me at Marion's several times. Marion wasn't having a good day - nasty headache, lots of company earlier in the day and had wanted to lay down. So we were helping her get comfy and Karen popped in (apparently being called by the facility notifying her we were there ....She says to me "What are you doing here - you're not suppose to be here; What did you do to Marion?" ) we tried to visit a little more with Marion and then said our goodbyes.... Karen was still there. On the way out, I'd said to Debbie - "I wouldn't be surprised if Karen would try to stop me from visiting Marion esp. with how Karen acted this time").
Well - Karen's been filling Marion's head with all sorts of badddd information - lies about me to the point where Marion now has said she no longer wants to see me (specifically by name - but she's not seen me or heard my voicesince that last visit which would refresh her mind and probably have her cry for missing me so much).
With this being nearly 2 weeks now - I'm crushed and really wanting to hug Marion again and tell her how much I love her and visit with her. I've called Karen to have her call me when she would be there with Marion and I would come then, to visit her. Also asked her why on earth she's restricted me from seeing her.... She's never called me back and it's been nearly a week.
She'd gotten a lawyer, dragged Marion out to see this guy AFTER 2 doctors signed a Incapacity Form noting Marion not to be capable of making serious, etc decisions about her health care or well-being, etc.
How can I proceed? Approximate costs? I've only worked 3 days in last 4 weeks .... I'm finally starting a full-time temporary job Monday. I'm hurting so badly as I'd see Marion anywhere from4 - 6x/week. help.
Thank you,
Susan T

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.

I hope this information is helpful and that you will enter a positive rating. I thank you for submitting your question to Pearl-Just Answer. We appreciate your business. If you need clarification or additional information, please send me a Reply and I will be happy to explain further. Please consult a local attorney to verify the accuracy of this information according to your state's laws.

Customer: replied 3 years ago.

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,

Take care,

Susan Tilden

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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