How much power does a medical POA have over someone that is of sound mind and body?

“If your mom hasn't been deemed incapacitated, then she can make all of her own decisions and a Medical POA doesn't have any authority to make decisions for her.”

This is correct.
If POA (agent: your sister) and principal (your mom) disagree on a medical decision, your MOM gets the final word.

Example:
my POA document became effective the moment my mom signed (I already have POA powers, even though my mom is competent). BUT if she and I disagree on a decision, SHE gets the final word, because she’s mentally competent.
If in the future she’s mentally incompetent, I get the final word.

The answers given are true. There is no power, if she is still of sound mind. This is what I tried to tell my aunt's neighbor, and my family that when I was POA, I couldn't make decisions for my aunt unless she was declared incapacitated. Their argument was to take her to court and have her declared incapacitated. Who has time and money for that? I don't.

Lexie, I just read your profile. You and mom both want her home, POA does not. You live in a different states..

The solution pretty simple. Mom revokes her health POA and re-assigns it to you.

Is mom competent enough to do that? Get ger lawyer on the phone.

I'm guessing that the HPOA is seeing signs that mom isn't safe living at home.

The AL must be seeing that sending mom home alone would not be a "safe discharge".

What level of care do you propose her having at home? Can she afford it?

If mom assigns you POA, are you willing to manage her at home care, getting her to doc appointments, making sure she has food and supplies?

How will you handle it if aides call out?

"if we revoke and the poa gets out of it and still had power then the whistle has been blown" I don't understand this. If u have proof of wrong doing then the POAs should be revoked ASAP to keep cousin from doing more damage. Then you get your proof together and consult with a lawyer, try an Elder lawyer, about bringing charges against her claiming abuse of the elderly. POA does not give the assigned person the right to steal, lets say. Get that POA revolked now. Then the problems u have now will be solved.

If your Mom is of sound mind, she can revolk the POAs. If she wants to assign you, the new POA will say, "this POA revolks all others".

My Moms medical read that I only took over her Medical if her doctor said she was incompetent. And then, IMO, the Medical POAs responsibility is to carry out the principles wishes. Meaning a doctor wants to put the principle on a feeding tube and the Directive says no feeding tube then the POA tells the doctor that.

I had Immediate POA but I never "took over" until Mom asked me to. When her Dementia progressed, then I had to make decisions because she couldn't. But a Springing POA only goes in effect when the person has been formally declared incompetent by doctors. As long as your Mom can make decisions for herself, no one is really POA.

I hope Mom has a copy of her POA. She shows it to the facility and AL. She, or you, tell the powers that be that Moms POAs are not in effect because she can make decisions on her own. By the way, the POA cannot turn their responsibilities over to someone else.

Well guys I think I f****d up. I talk to one lawyer and as soon as I said the name of the facility administer he cut me off and hung up. Everyday since then there has been nurses, doctors, social workers in seeing mom. I assumed to see if she can be declared incompetent. See, this is a small town and the poa is good friends w/ the owner. That's how mom got put there. So everyone is hurry since they got tired off. I told mom to revoke but she wants a lawyer there w/ papers ready so nothing can be questioned.

I remember when my mother was hospitalized, then in rehab which turned into LTC. Although she was never declared incompetent, I as HCPOA was consulted. My mother wasn't. Of course by then she was out of it. But no formal declaration was ever made. The attorney who did her trust said it was a gray area.

Come to think of it, even before she was hospitalized and I was still allowed in to her doctor visits, the PCP would get things okayed by me. My mother often didn't hear, so didn't even know. Once she forbade me from going back into the examining room with her, I never knew what was said or done or recommended.

I'm a little confused as to whether this is just a medical POA or a durable POA for financial. If mom is being denied her money by the POA then this is more than just a medical POA. In either case, mom can assign new person as POA for both medical and financial, and as part of that process the lawyer would include language that all other POAs are revoked as JoAnn notes. You'd have to find out where Mom's accounts are and provide them with the new POA document so the previous POA can be immediaely blocked from handling Mom's funds. And of course you'd have to let the AL know that you are now mom's POA. If your mom truly is of sound mind and wants to leave, she has every right to do so. However, I can see a facility being concerned if there is no clear and safe discharge plan. You may not be fully aware of all mom's needs and whether they can be met by what you are proposing. Even if your mom ultimately ends up in an AL, it could be closer to you. And even if you don't move mom right away, if you are concerned about the current POA you should certainly work with your mom and a lawyer to have that changed as soon as possible.

As I said, please call APS.

For most complete answer consult with an Elder Law Attorney and ask for review of the POA document wording that you have. It may be in your, your mother and all concerned best interest both for present and long term needs.

Your mother, as she is competent to act for herself, should call an attorney at this time to take care of this problem. A competent adult can withdraw a POA she conferred upon someone. She can begin on Monday by calling her MDs to tell them she is being held against her will in a facility and that she needs from them letters of absolute legal competency to act on her own behalf and make her own decisions at this time.