I am the oldest of 6. The youngest of us and I had to place mom in a facility. Her only sibling has came to town from 2 hours away and is coaxing and coaching mom to name him POA and allow him to relocate her closer to him, but into another facility. Where she currently is at, we, her adult children, her grand kids and great grandkids can go visit as often as we like, sometimes multiple times a week, and they can call and we can be there within the hour. We see no valid reason for our uncle, her only sibling, to relocate her so far from us, where he would be only visitor, if he even does. Looking for answers. Whom has more legal say in a situation like this?
I would say children trump siblings. But here is your problem. If no one has POA and Moms Dementia is to the point she can no longer make informed decisions then Uncle can go for guardianship but this can be contested in court. And why does Uncle feel he needs to control the situation? Does Mom have money? If she does, u may want to go for guardianship even if u have POA. Medicaid allows for the use of her money for this purpose.
Often, Medical POA gives you the right to determine where the grantor resides.
Does mom have dementia? Is she aware enough to grant a new POA?
Talk to mom ( Gee, mom, if that's what you want? But we won't be able to visit you except at Christmas)
Talk to the social worker at the facility and make sure she is aware of what is going on.
Talk to your uncle and find out why he wants to do this. Moving a dementia patient is generally an ill advised thing.
are you now the current durable POA and financial POA?
how does mom pay at her current facility?
how old is her sibling? and does he give a reason to you why he wants to move her?
I don't know how competent your mom is? she has dementia, it just depends how far along her dementia is.
I just wanted to ask a few question first. and someone else will probably come along over the next few days. and offer some more help