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Conservatorship over my mom. Columbus, Ms. My mother has
My mother, Mattie Price, appointed me, Candi Vezina her daughter, Durable POA to handle both medical and financial decisions for her in May 2017 after my daddy, AJ Price, passed away.My mother was diagnosed with dementia in November 2019. Unfortunately, I had siblings that used my mother's dementia to change the Durable POA in December 2020 and again March 2021. She will sign anything you ask her to with no understanding of the ramifications associated with the documents. If you ask her if she remembers signing something she will say “yes” but when you ask her what she signed she has no idea.It is my understanding that the law clearly states a person must be mentally capable of signing and understanding legal documents, it's significance and it's consequences. These documents are prepared by an attorney. The attorney should ask questions to ascertain the individual's capacity to sign the documents so that if someone contest the validity of the documents, the attorney can testify about the individual”s mental capacity. Tim Hudson an attorney in Columbus, MS did not take the time to ask any questions to ascertain Mattie Price's mental capacity. The final time he changed the financial Durable POA he brought the documents to the car for her to sign.When my mother initially designated me as her agent she had the mental capacity to designate me to act in her best interest regarding her health and financial decisions. I question the validity of the Durable POA documents Tim Hudson drew up and my mother signed.You cannot imagine how difficult it is to obtain conservatorship over a parent when relatives enlist the help of unprincipled attorneys to change Durable POA. To gain conservatorship I must have 2 medical affidavits. One affidavit must be from a M.D. and another affidavit from another M.D., a N.P. or a Psychiatrist. I'm continually told its a “conflict of interest”. No one in the medical field seemingly wants to get involved. I have gotten an appointment on 7 April for a 2nd Affidavit.The quality of my mother's medical care became negligent once the Durable POA was changed to include all 3 siblings. Every time I attempted to get my mother the care she deserved and needed I was met with unmovable resistance. My mother qualifies for hospice due to her medical diagnosis of Lewy Body Dementia. My mom neglected her hygiene, isolated herself, didn't take her medication, prone to fall and became malnourished. Once hospice became involved, my siblings refused to let the social worker and chaplain visit regularly. My hands were tied because all I heard was “2 against 1”. My mother was neglected. If she had better care and took her medication as prescribed her Lewy Body Dementia may not have advanced so aggressively.I recently took my mother to the bank to do a change of address and add me to all of her accounts since I'm the one that takes care of all her needs. The bank would not allow mom to add me to her other accounts. It was at that time my mother was told that her son Darryl changed the beneficiary 100% to himself. The bank did not allow my mother to make any changes to her account. This is extremely concerning. How can the bank refuse her, the owner of the account, to make changes to her own accounts? The durable POA should not override her wishes.There is no accountability for some of the checks and money transfer's he's made to himself. Some may be legitimate spending for house maintenance and such. There is no transparency on his part.He claims mom signed the title of her car over to him 9/17. I find that hard to believe because at that point she was still safely driving. My concern is that my mother continued to pay for car insurance, vehicle tax, maintenance and repairs that total's over $7,000. He should have titled the vehicle in his name within 10 days of the transaction.My mother is not a wealthy person. My best guess is that my mom has approximately $55,000 in the bank. I'm working on getting h… read more
Stephen L
Stephen L
6,297 satisfied customers
Put person was restored. So there is no guardianship but a
yes put person was restored. So there is no guardianship but a sibling has medical POA … read more
Elizabeth
Elizabeth
Law Clerk II
JD
10,452 satisfied customers
My dad is married and has dementia. His wife left him and
Hello. My dad is married and has dementia. His wife left him and moved to NC for health reasons (her sister is taking care of her). He is currently in a nursing facility. She does not communicate with… read more
Lucy, Esq.
Lucy, Esq.
Juris Doctor
31,490 satisfied customers
I have a sister that's been that's taken care of my 86
I have a sister that's been that's taken care of my 86 year-old mother I have seen money that has been taken out of her account that she's been using her debit card also she has taken a check that was… read more
Jessica B
Jessica B
Attorney
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Can a bank deny me access to my account? Texas. Asked to
Asked to withdraw an amount to start a joint account with my husband … read more
ProfessorEsq
ProfessorEsq
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JD
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My father died 5 months ago, I have documentation that I am
My father died 5 months ago, I have documentation that I am the durable power of attorney of my mother (she has dementia). My sister took her to get the revocable trust changed. I am trying to make su… read more
Christopher B, Esq.
Christopher B, Esq.
Attorney
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10,508 satisfied customers
This is a question regarding my rights as Power of Attorney
This is a question regarding my rights as Power of Attorney for my 92 year old mother. In the last several months she has clearly shown signs of fairly extreme paranoia, anxiety, and verbally abusive … read more
Jessica B
Jessica B
Attorney
Juris Doctor
13,057 satisfied customers
My parents divorced in 2003. My father is deceased now since
Hi. My parents divorced in 2003. My father is deceased now since December 2016. I have found divorce agreement and realized my mother did not pay a portion of monies ordered. My father left me his com… read more
P. Simmons
P. Simmons
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My sister and I have joint Power of Attorney for our mother.
My sister and I have joint Power of Attorney for our mother. Mother is 83 with dementia. Sister is changing bank accounts and financial documents without my knowledge. Is that legal? she claims mother… read more
Jessica B
Jessica B
Attorney
Juris Doctor
13,057 satisfied customers
I have a question with regards to Durable Power of Attorney
I have a question with regards ***** ***** Power of Attorney for Health Care. My parents have each other listed as first appointee for durable POA for Health Care and my 2 siblings listed as Alternate… read more
RayAnswers
RayAnswers
Lawyer
Doctoral Degree
20,029 satisfied customers
If a person has power of attorney and is arrested, what
If a person has power of attorney and is arrested, what happens to the power of attorney? … read more
Infolawyer
Infolawyer
Partner
Doctoral Degree
96,327 satisfied customers
I'm going broke and haven't gotten much soc sec retirement
I'm going broke and haven't gotten much soc sec retirement built up for myself as a result of dealing with the care of my parents and another relative for the past 15 years.... Is there anything i can… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
31,493 satisfied customers
2 years ago my father became ill, and my sister got power of
2 years ago my father became ill, and my sister got power of attorney, he died shortly after, it seems my mothers name was also on it, not sure why. since my father died i have been paying my mothers … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
3,987 satisfied customers
My sister has POA over my mother who has recently moved to
My sister has POA over my mother who has recently moved to live with us in another state. She is in her 80's, suffers from dementia and has special medical needs, in fact she is currently under Hospic… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,987 satisfied customers
My mother is 86. I am listed on my mothers durable power
My mother is 86. I am listed on my mother's durable power of attorney, along with a brother and a sister. I have never gotten along with either of them. Mother knows this but set up her legal document… read more
Barrister
Barrister
Lawyer
Doctoral Degree
4,861 satisfied customers
My mother-in-law is exhibiting dementia and giving her money
My mother-in-law is exhibiting dementia and giving her money away to criminals. We have a power of attorney that allows us to make bank accounts for her that we can control. How do we certify her deme… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
3,987 satisfied customers
My question pertains to Durable Powers of Attorney for my
Greetings! My question pertains to Durable Powers of Attorney for my mother, who is laid up currently in a Skilled Nursing Facility being treated for a recent diagnosis of Stage 4 Metastatic Lung Canc… read more
lwpat
lwpat
Doctoral Degree
6,615 satisfied customers
Is there a option other than court guradinship to assist a ...
Is there a option other than court guradinship to assist a elderly parent who has had a stroke and has dimenisa. I am the child of the elderly parent and can not afford the high cost of an attorney to… read more
4ren6
4ren6
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RayAnswers

RayAnswers

Lawyer

20,029 satisfied customers

30 years as a family law lawyer .

Ely

Ely

Counselor at Law

11,987 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

P. Simmons

P. Simmons

Lawyer

5,159 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

4,861 satisfied customers

Attorney with 21 years experience

RobertJDFL

RobertJDFL

Lawyer

3,987 satisfied customers

Experienced in multiple areas of the law.

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ScottyMacEsq

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Licensed Texas General Practice Attorney

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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