Even if another family member has POA over my mother (and is her health care proxy) don't I still have rights?
My aunt (my mom's 1/2 sister) admittedly hates my guts. She said as much in front of a witness (my uncle) This woman should not have POA over my mother. My mother has suffered periodically from Schizophrenia for about 30 years now, but she has also worked full time for most of her life. Back in 2000 my aunt was helping my mom with a legal matter that involved the estate of my mom's deceased husband. My mom was working full time back then (40 hours per week). She was handling all her own affairs (like paying her bills). She never missed work & she wasn't mentally sick at all. My mom is a very kind & trusting soul. My aunt would place papers in front of my mom to sign, & my mom would just sign those papers without either reading them or understanding what she was signing?
Back in 2008 (I believe) my mom called me up & was in tears. She said to me, "I just found out that M (her sister) has POA over me". Apparently my aunt "let it slip". Maybe my aunt had to "let it slip", because my mom was selling the house that my aunt had helped her gain control over & was intending to buy a much smaller home. The whole point is that for far too many years my mom was completely oblivious to the fact that her sister was her POA. My mom worked full time right up until she accepted an early retirement package from the job she had worked at for like 20 years! I think she retired right around the same time that she was trying to sell her expensive house & purchase a smaller one. I apologize for not knowing precise dates, but that knowledge is not necessary anyway.
In March of 2009 my mom got sick when she hadn't been sick in a very long time. I was in agony over this. I think my mom's unexpected breakdown had to do with loneliness, & retirement, & just not knowing what to do with herself now that she wasn't working? She was also extremely emotional over her new dog that she loved. In any case-she ended up at McLeans mental hospital in Belmont Ma. She spent 3 weeks in that hospital, & then they released her. I went to visit my mother about 1 month or so after McLeans released her. I assumed that she was better, but (sadly) I was wrong. She started acting strange from the moment I arrived in Ma. She was driving me nuts, driving erratically, & bothering me with nonsense when I was trying to sleep. My mom is the most beautiful soul when she is well, but a pain when she's sick. Then something bad happened that (thank God) didn't involve me. My mom was visiting her friend, & they got into a fight. My mom felt too frazzled to drive after police came because a neighbor called the cops. My mom called the sister who has POA over her & asked her to please come pick her up? Police determined that my mom was not well & sent her back to McLeans hospital. My mom wanted me to stay in her home until she was released. The aunt who has the POA wanted me gone. The "funny" thing is that I went out to dinner with my aunts & cousins & they said to me, "Why don't you just stay at your mom's"? I wisely said, "Won't M get angry"? All my family members brushed aside my concerns with, "Why would M get angry"? M got more than angry when she discovered that I was still in my mom's home when I was supposed to have already been on a flight home. She came over at 6:00 in the morning & started screaming obscenely at me (anything you can think of including that I had caused my mom's mental breakdown). After she left, I was in tears. I called the aunt whom I had gone out to dinner with, because I had nobody else to turn to. She didn't care that I was hysterically crying. She just said, "I worked all week-You woke me up". To make a long story short, I ultimately remained in my mom's home against the wishes of my whole family except for my mom, but when my mom was released 1 month later, she was terrified of her sister putting her back in that hospital whose staff had mistreated her. The sister convinced the whole family that my mom was going to get sued because she lived in an over 55 park & I wasn't supposed to stay there for more than 2 weeks. (That was such an idle threat-The place never tried to sue my mom.) My aunt yells at my mom. She talks to her like she's an incompetent child. My aunt hates me because I see right through her. She doesn't care about my mom. When I told her that I had seen the bruises on my mom's body (when I visited my mom at the hospital) my aunt said that my mom through herself against a wall. I believe my mom's assertion that staff there severely bruised her body when they were trying to hold her down & pump her full of medication. (My mom kept a journal during her INCARCERATION in this "hospital" where the woman who handled her "case" used to taunt her with cruel things like, "Nobody cares about you". "Your family doesn't care about you". "Nobody comes to visit you".) How can that woman be wo
I need to relay something DEADLY important. My aunt hates my guts for numerous petty reasons (including simple jealousy). When my mom got out of Mclean's she had the wherewithall to get a copy of the POA that her sister had on her. My mom was majorly drugged up, so who knows how she was coherent enough to get a copy of this legal document, but she did. I researched it & found out that it was the most "fool proof", strong POA that could be drawn up. It's called an IRREVOCABLE POA & no person in his/her right mind would sign such a document
So my mom ended up back in the mental hospital 2 more times after I made it back to Los Angeles. She would ALWAYS call me to tell me where she was. I have NEVER in my entire life not known where my other was (and vice versa). My mom hates the sister that has POA over her. My mom calls me up & cries that every time she gets into an argument with my aunt she ultimately ends up back in the hospital. As an "aside" my aunt that has the POA NEVER EVER visits my mom in any mental hospital & gives the excuse that my mom is