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I have it all ready for you. Here it is: I am in Alabama. My…

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I have it all ready for you. Here it is :

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I am in Alabama. My Mum is 84, & in a nursing home since August because she falls very frequently, has had many concussions, & some very dangerous head injuries. Dad is dead, I am her only child, and have come from another country to look after her and her affairs. She has kept me doing her bidding for decades with the threat of her Will. Mum is meddlesome and intrusive, and has cost me my marriage and my home, and now I don’t have much left. She has to be watched 24/7 because she is spiteful, wanders, and falls down the stairs breaking bones each time. I cant afford in-home care, and wasn’t able to keep a constant watch on her. Mum is sneaky, & waits for the few hours that I sleep to do all sorts of dangerous things. I live in our home, but must travel for my job at least two weeks every month. Most of the time there is no one home. I have her POA, & am sole beneficiary of her estate. She has a very unstable sister who was disinherited. She is desperate to get her hands on Mums lovely things, which should be mine now. She came yesterday from far out-of-town with a TRUCK - She thought she would just back it up to the door and start loading things she believes she is entitled to - She is not in Mums will in any way. In a desperate attempt to be “sprung” from the nursing home, Mum called her batty sister. I will not sign for mother to come home, and she wants to. There is just no way. What are my rights? While it’s true that I don’t go to see her very often, I did look after her day and night for more than four years. I wonder if my POA can be changed/altered/tinkered with without my consent.

Lawyer's Assistant: Has anything been filed or reported?

Not to my knowledge, though she is trying to enlist the nursing home, and anyone else she can find.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We do have bad blood. I don’t *think* that makes a legal difference, though. The NH is kind of put out with me because I don’t visit.

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Answered in 5 days by:
3/10/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 21,261
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

If you receive a phone call offer, kindly disregard the offer. The offer is being made to you automatically by the site and not by me. Also, I do not participate in the phone call program.

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Customer reply replied 1 month ago
Thank you so much, PhilEsq. I didn’t know there was a phone programme, but it’s just as well, because I prefer not to talk on the phone : )
I ask because, well, it has been a while, and I was wondering what went awry. It Is kind of urgent, because I expect to have to be dealing with it pretty soon. Thank you for your kind response.

Regrettably, if your mother is still competent to make decisions for herself, she can sign to get released from the nursing facility as your POA does not override her power to make decisions for herself. A POA only means that that the Principal has authorized you, the Agent to act on her behalf, but does not prevent the Principal from ever acting on her own behalf after the Principal has given the POA to you if the Principal is still competent to act on her own behalf. However, if you think that your mother is now incompetent to act on her own behalf then what you need is a Guardianship of her person and conservatorship of her estate. However, this would require you to petition the Probate Court in Alabama in the county where she resides for appointment. You can obtain the forms from the Clerk's office or online if the Court makes forms available online. For more information, click here.

As for her sister trying to get her things, well she cannot do that. As a POA, you can prevent her from doing so. Your mother is not dead yet and her sister should not be trying to come to her house to take things before she is even dead. Also, if her sister has been disinherited, she would not get anything upon her your mother's passing.

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

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Customer reply replied 1 month ago
Thank you so much for your answer, PhilEsq - No, That wasn’t the best news, but at least it is some, I’m swimming in the dark, here. I have a few more questions - Can you post back to me the original that I sent, please?

Here is your initial post:

I have it all ready for you. Here it is :

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I am in Alabama. My Mum is 84, & in a nursing home since August because she falls very frequently, has had many concussions, & some very dangerous head injuries. Dad is dead, I am her only child, and have come from another country to look after her and her affairs. She has kept me doing her bidding for decades with the threat of her Will. Mum is meddlesome and intrusive, and has cost me my marriage and my home, and now I don’t have much left. She has to be watched 24/7 because she is spiteful, wanders, and falls down the stairs breaking bones each time. I cant afford in-home care, and wasn’t able to keep a constant watch on her. Mum is sneaky, & waits for the few hours that I sleep to do all sorts of dangerous things. I live in our home, but must travel for my job at least two weeks every month. Most of the time there is no one home. I have her POA, & am sole beneficiary of her estate. She has a very unstable sister who was disinherited. She is desperate to get her hands on Mums lovely things, which should be mine now. She came yesterday from far out-of-town with a TRUCK - She thought she would just back it up to the door and start loading things she believes she is entitled to - She is not in Mums will in any way. In a desperate attempt to be “sprung” from the nursing home, Mum called her batty sister. I will not sign for mother to come home, and she wants to. There is just no way. What are my rights? While it’s true that I don’t go to see her very often, I did look after her day and night for more than four years. I wonder if my POA can be changed/altered/tinkered with without my consent.

Lawyer's Assistant: Has anything been filed or reported?

Not to my knowledge, though she is trying to enlist the nursing home, and anyone else she can find.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We do have bad blood. I don’t *think* that makes a legal difference, though. The NH is kind of put out with me because I don’t visit.

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Customer reply replied 1 month ago
Thank you very much. I found the original copy, please forgive me, I am half asleep, and more stressed out that you can imagine.That’s good news about Crazy Aunt. She has always percieved herself as being “not good enough”, envied my Mum for having married well, and simply believes that all of this should be hers. She has gone now, she spends as little time with Mother as she can manage, unless there is something in it for her. She tells outrageous lies ( she donated BONE MARROW during her LUNCH BREAK?? I wasn’t too sure what to expect. So thanks for that.The reason I asked about the POA is because Mum has two staunch friends, both of whom cannot stand me, and the feeling is mutual. One is an engineer at NASA, and is most capable, and the other is a Hospice nurse in Florida. I need to know, please tell me : Under which circumstances can the POA disqualified, revoked, or tampered with? What would I have to do or not do that could change it?In answer to your question, Mum is not too on the ball, and swings from “Just fine” to full-blown psychosis, you never know what to expect that day. In fact, she was in the nursing home once before, after which the neighbour happened to see her in the driveway, in the dark, in her nightdress, swinging an imaginary baseball bat at a boyfriend I had years ago.So no, I don’t think she is entirely lucid, but likely has just about enough lucidity to make her dangerous. At any rate, she cannot come home ever again, and it is costing me a fortune, all of which is cash out of pocket. She is up to about $50K, but she is all paid up in full each month.Thanks, PhilEsq

Thank you for the information.

Kindly give me a few minutes to review the information that you have provided and prepare my response.

Thank you for your patience.

Kindly note that I am working with multiple customers on the site and I respond to posts in order that they are received. If you have not heard from me it does not mean that I have ignored your post. It just means that I am currently working with another customer.

Thank you for your understanding.

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Customer reply replied 1 month ago
No trouble, PhilEsq, and thank you for your time in any case. I hope you will be able to help all those other people, too.

The reason I asked about the POA is because Mum has two staunch friends, both of whom cannot stand me, and the feeling is mutual. One is an engineer at NASA, and is most capable, and the other is a Hospice nurse in Florida. I need to know, please tell me : Under which circumstances can the POA disqualified, revoked, or tampered with? What would I have to do or not do that could change it?

Response: The only way a POA can be revoked is by the person who granted or by a Guardian appointed by the Court take care of the Principal and the Principal's estate. POA can be removed if the POA is not acting in the best interest of the Principal; has violated her fiduciary duty by self-dealing--misappropriation of the Principal's assets.

If your mother is no longer competent, she cannot revoke the POA granted to you. Any revocation under this circumstance should be ignored and the new person granted the disputed POA can then file lawsuit in Court for the Court to determine who infact has the POA. In the meantime, you would continue to act as the POA until Court orders you not to. Hope, it does not come to that. See Code of Alabama Title 26 Chapter 1A Section 26-1A-110.

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

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Customer reply replied 1 month ago
Thank you, ***** ***** You are quite a *wonder*, and I am glad to have met you.( Also thank you for telling me what I wanted to hear. )It sounds as though I am pretty safe, and that it would be considerably difficult to remove me. The thing is that she is desperate to come home, and I can’t let that happen. When she was here, I spent 24/7 looking after her, and did not sleep at all. ( For four years, wow, I must be exhausted! ) For another thing, I travel about 2 weeks of every month, and there wouldn’t be anyone here; Mums refuses outside help, so I can’t hire someone. I couldn’t keep a constant watch over her, but I did try my hardest. Every time I would doze off, she would immediately go to a “forbidden” place, like the stairs, and has broken both hips falling down them. It was like having a toddler. I can’t do it anymore, she is just going to have to stay put. I feel AWFUL, but it’s going to have to be that way.I have a couple more little questions for you, but I can save them for later - Go fix up those other folks!Thanks, PhilEsq

You are quite Welcome!

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.
Ask Your Own Family Law Question
Customer reply replied 1 month ago
Five stars? Don’t they do SIX?! I will, and it will be a pleasure.������������

Thank you. Kindly use the popup screen to give the rating.

Have a wonderful day!

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 21,261
Experience: B.A.; M.B.A.; J.D.
Verified
Phillips Esq. and 87 other Family Law Specialists are ready to help you
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Customer reply replied 1 month ago
Done. But they only have five stars : )Get back to you soon with the other little questions - But if it means anything to you, you have made me feel a lot better.

You are quite Welcome!

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Customer reply replied 1 month ago
I’m going to go ahead with it, Phil, and answer me when you can- I am slightly less frantic. ( but not much ) I dont know if it will have any bearing, but might be worth a mention. In no particular order :I was raised in a very upscale household, and went to private school. But my Dad was fairly insane, and it became worse as I got older. There were some pretty bad beatings a couple of times a week, and Mother used to encourage it. It went on until I was 45. ( I went home when my husband died. ) Apprently, Dad had a gun and a plan, and planned to kill me the next day. He died the next day.My mother attempted to have me committed once, because I had married against her will, no one could figure out why I was there, and I was released after a weekend. But I did have to go there.Three years ago I went to a state park with a boyfriend to take some pictures, and she had me arrested on a made-up drug charge on Labour Day weekend because she hated the boyfriend. I was acquitted.Five years ago I was going with a Frenchman, and she had it in mind that I should marry him, which I refused,and knew it would be a grave mistake. She threatened me with disinheiritance if I didn’t comply, so I did it. We didn’t even make it to the wedding night when he beat me up - and my Mum was on the phone, listening to it. We are divorced. She finally brought me home so I could look after her, and I had to swallow the loss of $45K for the trouble.I am telling you these things so you will know the relationship. It’s bad that I don’t go to see her, but perhaps you understand. That explains why I am not too involved, and am just trying to drag some shreds of dignity about me again. The last thing I need is for this bitch to pull another fast one on me, and mess me up again, when I’m just about on top of it.I have to pay her taxes for the last two years, and have absolutely no idea as to how to go about it. There has to be a way to recoup some of this nursing home money ... I am into $50K in CASH.So thank you for listening to that whole dissertation : I need to remain in control of the money, the house, and her. It sounds awful, but it is what it is.I need to have her declared incompetent? Please advise as to the whole thing. Tell me what to do.

Thank you for the additional information.

I am sorry for the delay in getting back to you. I was offline when your response came in.

Kindly give me a few minutes to review the information that you have provided and prepare my response.

Thank you for your patience.

Ask Your Own Family Law Question

I am sorry to read about your difficulties.

You would need to file for Guardianship of her person and Conservatorship of her estate to take full control of her affairs. With the appointment, the nursing facility must comply with your wishes or obtain a Court Order in order to act against your directives.

Petition for Guardianship and Conservatorship would be filed at the Probate Court in the County where she resides. You would need to contact the Clerk's Office for forms and instructions. You can use this link to find the proper Probate Court.

Goodluck with your case,

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