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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 33793
Experience:  16 yrs. of trial experience
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I learned my brother was taking my mother to a dangerous

Customer Question

I learned my brother was taking my mother to a dangerous medical quack. Legally, what can I do to stop this?
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.

My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

I am sorry for this dilemma. This will depend on mom's condition. Can you tell me, is she competent? Able to understand what is going on around her?

Customer: replied 1 year ago.
My mother is not competent. She has dementia.
Expert:  P. Simmons replied 1 year ago.

Thank you
Can you tell me, does anyone have power of attorney?

Customer: replied 1 year ago.
A different brother. Unfortunately he is not on my side on this issue.
Expert:  P. Simmons replied 1 year ago.

Thank you
You will want to go to court and request the court order a guardian/conservator be appointed.

If mom is not competent? The court will appoint a guardian. That guardian will have the power to make health care decisions for mom. The guardianship order would, in effect, erase the "power" in the POA. Once a guardian is appointed the POA no longer has any say over decisions...the guardianship order "trumps" the POA.

You would need to hire a local attorney to prepare and present this to the court.
But what you are describing? This would be relatively easy to accomplish...if mom is not competent the court will appoint a guardian.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.