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In my case this whole thing started because my mom stated she wanted to change her POA's. But I had told the attorney that mom had Alzheimers. He chatted with her for a bit and decided he could not make the changes. I suppose I could have looked for a different attorney, but if the change had been made, that would have been challenged in court by the POA, so now it is a conservator/guardian proceeding based on numerous defaults under the POA by the POA. Once you start as POA, you cannot pick and choose what duties you will carry out, it is all of them.
jeannegibbs, I was basing my answer on a court appointed DPOA. But, even if the person is competent, a Durable POA does require the original DPOA to be notified, and the new document has to be recorded.
How to Change Power of Attorney A power of attorney is a legal instrument by which you appoint someone you trust, known as your attorney-in-fact, to act on your behalf. It may be necessary at some point to remove or change the person you have named as your attorney-in-fact. Depending on the circumstances, ending the authority granted to one attorney-in-fact and appointing another may simply be a matter of preparing the paperwork and giving notice.
Step 1 Prepare a new power of attorney appointing a different attorney-in-fact to act on your behalf. This power of attorney should state that it is revoking any prior powers of attorney executed by you, thereby terminating the original attorney-in-fact’s authority.
Step 2 Prepare a separate revocation or notice of revocation of power of attorney. Even if your new power of attorney revokes your older one, giving immediate written notification of revocation may be wise if there has been misconduct or mistrust between you and your attorney-in-fact.
Step 3 Provide copies of the new power of attorney or notice of revocation to parties with whom you normally transact business and make sure they understand that your prior attorney-in-fact no longer has authority to legally act for you. Provide a copy to the attorney-in-fact who is being removed. Laws in some states protect financial institutions and other parties who rely on a power of attorney without knowledge of its revocation.
Step 4 Record the new power of attorney and/or the revocation of the old in the county’s land records to give the public notice of the change. It is particularly important to record the revocation if the original power of attorney was placed of record. Just as the recording of the power of attorney gave public notice of the attorney-in-fact’s appointment, the same is true of her withdrawal or termination.
unikornfairy, as long as a person is legally competent, he or she can change their DPOA as often as they want to. The former DPOA does not have to consent.
It is a different matter if the person has been declared by a court to be incompetent.
DPOA can't be changed unless you agreed to it. Once you have it, the only way to change it is through the courts and they have to notify you before that can happen. The person whom you acquired it from no longer has a say in who makes legal decisions for them as they gave that power to you. You need to speak to a lawyer in her behalf quickly, I fear that money may be the issue and it will soon be gone.
As you can see, a POA can be changed without your knowledge. In Guardianship, the court requires an independent evaluation of the person and appoints a permanent guardian if it is needed. The person appointed (me) has to undergo fingerprint and background check. Other possible guardians (my sisters) have to sign off and agree to the appointment. In the long run, this protects both the guardian and the person needing guardianship. They can't be swayed by another person without going back before the judge. Yes, it is expensive, but it is airtight protection for everyone involved.
I had a POA/DPOA for my biological Aunt. 88 yrs (Stage 4 refused treatment) I had been taking care of her for about 6 months then I had to get back to work. Another niece(by marriage) offered to take care of her temporally. While I was out of town in July my Aunt fell and broke her hip.. No phone call to me. I found out the first of Sept finally after several text and voice mail messages and refusing to give her any $ until I spoke or saw her. I just happened to find out the "new" Dr. name, again no discussion about a "new" Dr. I went to the Dr. office..With my POA/DPOA in hand.. They would not give me any info on my Aunt's well being. Because that niece had gotten a POA without my knowledge. Now, my Aunt has a bit of dementia. Showed up unannounced at her house, she calls the police! And I find out my Aunt is on her 3rd round of chemo, which she refused,in Dr's writing 1 year ago!! She also had her SS changed to another acct. Is all this legal? What can be my next step?
I went to AVVO and was told I had to hire an attorney, that it was a long process and expensive to get guardianship. I would try POA if that will work for what you need.
Go to your Superior Court which has a Probate court, and there you will find papers to file. There even is a provision, if you have no money, to forego the court's filing costs. There are about $250 last time I checked (1998).
Check out AVVO, It is a website that rates attorneys, and you can ask and receive answers to questions free of charge. Also, if it is due to financial difficulties for you mom, if you have POA you can retain an attorney for her at low or no cost through what is called Legal Aid in my area. Or if you have financial difficulty, there is free legal help available. Call your local agency on aging, often through regional governments, called council of governments that can direct you to sources for the help you need.
Since you didn't give us any details, it's hard for us to answer correctly. My first question is are you looking to become guardian for her medical issues to be sure she is getting proper care from her physicians and taking her medicine properly, or if you're looking to take over her finances, or both. So, for the purposes of answering your question, we will assume you are asking for both MPOA (medical) and DPOA (durable for finances, and legal issues). If your Mom is asking you to take over as DPOA and MPOA for her guardianship, you will need to go with your Mom to a lawyer to have those papers drawn up. If, however, your Mom is beginning to show signs of some type of dementia, you can have your local Adult Protection Services check on her. If they determine she needs guardianship, and you are willing, able and they deem you qualified and "fit" (the person most likely to handle her medical and financial issues in a trustworthy manner) they can help you have the paperwork drawn up. If you can't afford the legal fees, however, they may wonder about your actual motives, so be prepared for a lot of questions from APS and a background check. It's their job to protect the elderly, so don't take it personally, after all, YOU want what's best for your Mom so welcome their questions and background check cheerfully.
Also, please check into what becoming a guardian means. This is a full-time job, and I'm not talking 40 hours a week here. I'm talking round the clock from the day you become her guardian until the day she dies. Most people, once they give up their personal freedom and accept a guardian are no longer qualified to live alone. This is usually because guardianships are gained, especially DPOA, because the person is no longer capable of making legal and financial decisions on their own, thus rendering them unable to care for themselves in their own homes. Are you prepared to bring your Mother into your home, to care for her needs around the clock? This means sleepless nights, no weekends or vacations, no social life unless you hire someone to sit with her while you're out and while you're working. Think of everything you do for you each day, you will now be doing all of that for you AND your Mother. If you are planning on sending her to a Nursing Home, you have to be willing to drop by the NH at all times of the day on a very random schedule in order to ensure she is being properly cared for. You will have the added expenses of having her laundry done, buying her toiletries, seeing to it that she is getting proper medical care as in medical tests done when needed, that a doctor is checking on her regularly, that she is being kept busy so her mind doesn't deteriorate faster because of boredom. The list goes on and on whether you are taking her into your home to care for or putting her in a care facility. This is a monumental task you are taking on and you need to be prepared for it.
The link jeannegibbs provided above is an excellent start. Follow that link, and follow all the links it provides. Arm yourself with understanding what will be required of you.
God Bless you for what you are undertaking. It's not a job for the weak or faint of heart and will. It is a test of your strength, emotionally, mentally and physically, but knowing you've cared for your Mother is a reward well worth it.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
How to Change Power of Attorney
A power of attorney is a legal instrument by which you appoint someone you trust, known as your attorney-in-fact, to act on your behalf. It may be necessary at some point to remove or change the person you have named as your attorney-in-fact. Depending on the circumstances, ending the authority granted to one attorney-in-fact and appointing another may simply be a matter of preparing the paperwork and giving notice.
Step 1
Prepare a new power of attorney appointing a different attorney-in-fact to act on your behalf. This power of attorney should state that it is revoking any prior powers of attorney executed by you, thereby terminating the original attorney-in-fact’s authority.
Step 2
Prepare a separate revocation or notice of revocation of power of attorney. Even if your new power of attorney revokes your older one, giving immediate written notification of revocation may be wise if there has been misconduct or mistrust between you and your attorney-in-fact.
Step 3
Provide copies of the new power of attorney or notice of revocation to parties with whom you normally transact business and make sure they understand that your prior attorney-in-fact no longer has authority to legally act for you. Provide a copy to the attorney-in-fact who is being removed. Laws in some states protect financial institutions and other parties who rely on a power of attorney without knowledge of its revocation.
Step 4
Record the new power of attorney and/or the revocation of the old in the county’s land records to give the public notice of the change. It is particularly important to record the revocation if the original power of attorney was placed of record. Just as the recording of the power of attorney gave public notice of the attorney-in-fact’s appointment, the same is true of her withdrawal or termination.
It is a different matter if the person has been declared by a court to be incompetent.
https://www.agingcare.com/Answers/power-of-attorney-poa-free-cost-139457.htm
Also, please check into what becoming a guardian means. This is a full-time job, and I'm not talking 40 hours a week here. I'm talking round the clock from the day you become her guardian until the day she dies. Most people, once they give up their personal freedom and accept a guardian are no longer qualified to live alone. This is usually because guardianships are gained, especially DPOA, because the person is no longer capable of making legal and financial decisions on their own, thus rendering them unable to care for themselves in their own homes. Are you prepared to bring your Mother into your home, to care for her needs around the clock? This means sleepless nights, no weekends or vacations, no social life unless you hire someone to sit with her while you're out and while you're working. Think of everything you do for you each day, you will now be doing all of that for you AND your Mother. If you are planning on sending her to a Nursing Home, you have to be willing to drop by the NH at all times of the day on a very random schedule in order to ensure she is being properly cared for. You will have the added expenses of having her laundry done, buying her toiletries, seeing to it that she is getting proper medical care as in medical tests done when needed, that a doctor is checking on her regularly, that she is being kept busy so her mind doesn't deteriorate faster because of boredom. The list goes on and on whether you are taking her into your home to care for or putting her in a care facility. This is a monumental task you are taking on and you need to be prepared for it.
The link jeannegibbs provided above is an excellent start. Follow that link, and follow all the links it provides. Arm yourself with understanding what will be required of you.
God Bless you for what you are undertaking. It's not a job for the weak or faint of heart and will. It is a test of your strength, emotionally, mentally and physically, but knowing you've cared for your Mother is a reward well worth it.
Why do you need guardianship? Do you have DPOA? Is Mom unable to do a POA document? Some additional details might help.
There are a number of articles about guardianship on this site. You may find it useful to start here and follow other links: https://www.agingcare.com/articles/how-to-get-guardianship-of-elderly-parents-140693.htm
Good luck to you as you try to do the best for your mother.