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My mother has dementia, her doctor says she shouldnt live alone

My mother age 86 lives alone and her doctor is advising she should not be. She has dementia, however she insists she is FINE. She is refusing any help in the way of, food delivery, cleaning, etc. and everytime we mention a Retirment Home she threatens suicide. She is currently on antipsychotics due to having hallucinations. CCAC is seeing her, and offering assistance she doesnt want. And an Occupational Therapist is visiting also. Can her doctor deem her incompetent? He seems to want us to go to court which is expensive and beyond my financial resources at this time. I have two POAs but they were not done with lawyers, they were simply done via the online forms, and were signed and witnessed back in 2011 prior to my dad's death, I took care of everything when he passed and I have been dealing with her finances every since. But recently found out that that she went to her bank 2 years ago and "revoked" it. I was never informed of this. Now the bank is demanding that we see a lawyer to have it reinstated, but mom won't go. I do not know what my legal rights are? Does the POA for Personal Care still stand? HELP!
Status: Open    Jan 23, 2017 - 07:41 AM

Elder Law > Guardianship

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Jan 25, 2017 - 12:31 PM

Until a Judge or Court determines that your mother is incapacitated, she is legally able to make her own decisions regarding her health care and finances. The court process you have heard about is commonly called Guardianship, but it may go by another name in your area. In some states, your mother's funds would be used to pay for the court costs, attorney fees and other associated expenditures for BOTH sides of the matter. This means, it may be possible to use your mother's funds during the entire procedure of going to court to have someone appointed as her Guardian. I recommend reaching out to a lawyer in your area who is familiar with probate or guardianship proceedings to get more information about whether this is a possibility.

Substituting someone else's judgment for your mother's in this process may be the only way that you or someone else is able to assist her with her financial and health care decisions. Best of luck to you!
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