What rights does a person have after power of attorney has been assigned to a relative?
My Aunt was diagnosed with Alzheimer's a few months ago, which deemed her mentally unable to make decisions for herself and therefore invoked power of attorney to my cousin. My Cousin decided it was best for her to be "put" in a home care facility and was taken there directly from the doctor's office Now, she's not allowed to leave the residence without her (cousin) permission. She has not even back to her home to retrieve personal belongings. My ? How can she attain a second opinion on her medical evaluation? I have not been able to visit her in person yet (she is in OK, I am in CA) however, her mental state has never been at all vague or distracted during any phone conversation. She has never shown any signs of disorientation or confusion, but is in fact VERY aware of the current situation, so of course is unhappy. My cousin has also mentioned selling her house, and of course has full access to all bank accounts...etc. Does anyone has any advise how I can help her?
Asked By: annie - 9/2/2007
Best Answer - Chosen by Asker
A diagnosis with Alzheimer's may not be enough to substantiate the overtaking of one's assets by a power of attorney. A durable power of attorney is a legal document that allows one person to act on behalf of another (within certain limits) beyond the person's incapacitation -- IF the power of attorney is stipulated... More
Answered By: b8k3p - 9/2/2007
Additional Answers (4)
Find yourself a good attorney and if you can try human rights associations experts opinion - she is not being protected she is being abused - so it seems.
Answered By: sahara - 9/2/2007
Happens every day there should of been more than 1 as they have power of the pen so hope some 1 is executor to her estate an over see the actions that are being used>? or she can end up with nothing an left broke>?Get to her attorney and the heirs an see what can be do>???
Answered By: 45 cal - 9/2/2007
How sad...and how was this cousin chosen...nothing in his/her past would have caused some red flags... More
Answered By: Lilliput - 9/2/2007
She is already getting help. She has been diagnosed (!) with Alzheimer. She still may sound to you perfectly well on the phone. At the facility where she is at, she receives the full course of medications that help to keep her mind at a relatively stable level; however, let her outside, and she WILL get lost at the... More
Answered By: Olesya C - 9/2/2007
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