Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 8 years ago

if someone has guardianship or power of attorney?

over an elderly relative does that give them the right to throw the elderly person in a nursing home . and to have that elderly person to pay for staying at that nursing home with her own money.and right before she was thrown into the nursing the guardian / three other co conspirators moved the elderly lady table / dresser out of her home / moved their funiture / clothes / etc into her home.in the meantime the guardian has been spending this lady money like crazy.when they put her into this nursing home the guardian kept her id / checkbook / credit card / address book.and did'nt tell any family members where she was at. my question is this is'nt this fraud / what action can be taken to stop four people from running thru all of this womans money.and can she add asomeone else as a guardian /or as a power of attorney.

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  • 8 years ago
    Favorite Answer

    A power of attorney gives a person many rights, and if they are abusing those rights you can have a court or the victim revoke that power of attorney.

  • 8 years ago

    POA and guardianship are VERY DIFFERENT things.

    If a person grants power of attorney to another person, both can make decisions, transactions, etc. Thus, if an individual wants not to live in a nursing home, a person with power of attorney cannot make it happen. If the individual who granted POA is not incapacitated, that person may revoke the POA. If that individual is incapacitated, a court may revoke the POA.

    If an individual is another's guardian, it means that a court has determined that the ward is incapacitated and that the guardian was appointed by the court. Usually, the court retains authority to monitor the situation (audit the assets and expenditures and income of the estate, review the physical and mental well-being of the ward, etc.).

    If you believe an adult is being exploited, go to your state's agency on adult protective services. Or consult your attorney to see if you can apply to be that person's guardian.

    Source(s): years of experience in probate court
  • Anonymous
    5 years ago

    there's an easy input form here: http://servicesarticles.com/Ask-a-Lawyer.html

    you can ask a professional, they are in the know how and able to advice.

    RE:

    if someone has guardianship or power of attorney?

    over an elderly relative does that give them the right to throw the elderly person in a nursing home . and to have that elderly person to pay for staying at that nursing home with her own money.and right before she was thrown into the nursing the guardian / three other co conspirators moved the elderly lady table / dresser out of her home / moved their funiture / clothes / etc into her home.in the meantime the guardian has been spending this lady money like crazy.when they put her into this nursing home the guardian kept her id / checkbook / credit card / address book.and did'nt tell any family members where she was at. my question is this is'nt this fraud / what action can be taken to stop four people from running thru all of this womans money.and can she add asomeone else as a guardian /or as a power of attorney.

    Source(s): Simple way to find a lawyer http://servicesarticles.com/Ask-a-Lawyer.html
  • 8 years ago

    Guardianship is a court process. An individual has to be determined to be incapacitated by either one or two physicians/psychiatrists. Then the the individual who wants to become the guardian has to go to court and the judge will decide on whether it is in the best interest of the patient for the petitioner to become the guardian.

    Power of attorney can be for financial or for health care. These are different. A financial POA cannot legally make decisions regarding health care for the individual. And a POA for healthcare cannot engage in financial transactions. We choose our POA when we are alert/oriented and of sound mind. Once someone has become incapacitated and unable to know what they are signing, a POA cannot be completed for either financial or health care. If the individual is alert/oriented, the person who chose somoene to be their POA either for financial or healthcare can change their decision at any time or rescind it.

    If you have concerns about financial exploitation and you have facts and evidence, if in the U.S., you can all your state adult protective services hotline and they will investigate to determine whether there is financial exploitation involved. In some cases, guardianship has been removed by the courts when guardians are not acting in the best interest of the resident/patient.

    It is not an issue regarding having her pay for her own nursing home care, because nursing home care is not a benefit in the U.S. If individuals do not have any assets or their money is depleted after paying private pay, they can then qualify for Medicaid which will pay for long-term nursing home care.

    It is not necessarily fraud for the guardian to keep the resident's ID and checkbook. If she is incapacitated, she would not be able to sign checks. Also, the guardian is paying the monthly nursing home bills using the elderly relative's monies which is what she is supposed to do. So you would want to be careful and make sure you have facts and details if you decide to call adult protective services.

    Source(s): long term care experience
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  • Norm
    Lv 7
    8 years ago

    If a person has guardianship over an elderly person, he/she can legally put that elderly person in a nursing home. The laws vary from state to state, but in order to get guardianship over an elderly person you usually have to provide a written declaration from two physicians that this elderly person is no longer medically competent to make decisions for himself/herself. Those are tough to challenge in court.

    If the same person has general power of attorney for that elderly person, he/she can legally do ANYTHING the elderly person would normally be able to do for himself/herself, like buy and sell property, spend their money, take out loans in their name, etc.

    In the situation you describe it's pretty clear there is abuse of power going on. The problem is you may not have a legal challenge. If this person has a durable general power of attorney, that means the elderly person gave the power of attorney and specified that it would still be in effect even if he/she was deemed medically incompetent to make his/her own decisions.

    There is one possible way out: If the elderly person has not been declared medically incompetent then he/she can revoke the power of attorney. Your best bet right now is to contact an attorney. Check the Yellow Pages for local attorneys that handle family law and give free initial consultations.

    Source(s): I've been a paralegal for 20 years
  • 8 years ago

    It depends on state law, but in most cases, a guardian must have specific authority under the guardianship order to admit the ward to a residential facility.

    An elderly person's assets are to be used for her benefit, and most states have an agency specifically authorized to investigate elder abuse, both financial and physical.

    Anyone can petition the court that granted the guardianship to add or change the guardian, and order a guardian to restore the ward's assets.

  • Anonymous
    8 years ago

    First how much money do you have to spend toward this effort? Second is this POA or a legally sanctioned Guardianship? And Thirdly is the person still of sound mind? IF still of sound mind she can revoke a POA but if this is a guardianship the likelyhood it was granted without her being mentally incapicitated a slim to none.

  • Anonymous
    8 years ago

    First come up for air. No one can read a sentence that long.

    Next Power of Attorney can be limited in power or it can be total.

    Total POA gives the authority to the person to to all of what you said. This is why you must choose wisely.

    POA can also be revoked with just a notarized and witnessed letter from her as long as she is coherent. Most nursing homes have a notary on site and it is usually free.

    Yes they can be stopped.

    ====

    I replaced my brother as POA because of a situation like this. You do not need an attorney in most cases.

    I had total over my mother before she passed away to protect her from my liberal leaching brothers who kept hitting up for loans they never had any intention of paying back.

    When my mothers health declined to a level that she could no loner function at her home, yes I had to take her to a nursing.rehabilitation home to live.Because of her assets she have to pay for all this herself.

    Next comes the part where you need to know the law and how to work the system, because if you think her relatives are leaches, wait until you deal with a nursing home.

    If there is no chance for her to go back home again, you need to start moving the money to systematically bankrupt her so she can get on public assistance. Then you can keep the money for things like paying for cable TV, a telephone and a few other luxuries that public assistance don't pay for.

    But the first thing is to remove the leaches.

    Herb

  • 8 years ago

    The scenario that you've described sounds fairly abusive and so I wouldn't hesitate to contact the police. In the State of Florida, since so many elderly people move here, we have the Department of Elder Affairs to investigate this type of abuse. You might also want to speak to that person's family and alert them as to what is going on, however reporting this to the authorities is beneficial in that you can remain anonymous.

  • Doreen
    Lv 4
    4 years ago

    No. You can have one or the other, but not both. If you want your new husband to adopt your daughter, then her biological father would have to agree to allow that. If he won't agree, then you might as well forget about it because it's not going to happen, period. But if he does agree to give up his parental rights, then he's also free of any obligation to pay child support, now or ever, and that's only fair. So take your pick.

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