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I would advise you to contact an attorney. As mentioned, read the POA thoroughly. You need to know what your responsibilities are being a POA. Did you / Discuss the situation with the facility your aunt is in. They will know the legal requirements they must abide by.
Power of Attorney documents vary, so read this good article and then check yours. https://www.floridabar.org/public/consumer/pamphlet13/
In addition, a POA is not the same as a guardianship (which is obtained via a court of law). In a guardianship the guardian can make pretty much all the decisions. With a POA, only certain decisions are yielded - and the person who created the POA has the option to make his or her own decisions. For example, I have a POA, but I am completely capable of making my own decisions - so my decisions cannot be usurped by the person I named in my POA.
So: (1) With the POA, nobody can legally overrule the decision of your aunt. (2) A lot will depend on who the assisted living facility views as the legitimate decision maker in the absence of a clear decision of your aunt - and I am betting it is you.
p.s. I am not an attorney, but I have spent years dealing with a care facility and legal matters.
If the person was POA living care, and her daughter want to take her out there, the power of attorney refers to a type of legal documents an individual can make in order to safeguard against the possibility of not being able to make their own decisions in the future. Matilda
This doesn't address her question about POA responsibilities. I do not believe (or know of) such a document named legal guardianship. Please clarify your response. As an aside, if the daughter wants to move her mother, it would appear that this person would not be able to seek legal guardianship, unless it is legally allowed in / through a POA. If it is, it likely isn't needed - right?
Tell your cousin that it is healthiest for everyone if your aunt stays in the new home which (most likely) she chose for herself. Welcome and thank your cousin for visits and even outings as long as that is appropriate in your specific situation.
My guess is that after a long outing her daughter will be relieved to return your aunt to the AL and get back to her own, unencumbered life.
Maybe getting a quick break from the stale AL environment and spending quality time with her daughter will do your aunt good. Her mind may be impaired, but it is probably also as good as it will ever be. Since she’s not in memory care — why don’t you ask her what she wants instead of asking us?
Have deep conversations with your aunt in her best capacity so you will know what she also wants for future scenarios.
Don’t prohibit such opportunities or she will lose them (unless there is some perceived danger, and in that case, make sure any field trips are supervised by you or some designated representative.)
In my personal situation there was a history of elder physical abuse by my sibling. Visits and outings were still allowed and supervised - but only when Mom wanted them.
When my mom entered her AL I was asked to list who had permission to take her out. I would assume your POA is in effect if you are dealing with Moms finances. So you tell the Administrator or Nurse that Aunts daughter is allowed to visit but she has no authorization to take Mom out of the building. If your cousin becomes demanding and/or upsets your Aunt while visiting you can ban your cousin. For whatever the reason, your Aunt assigned u POA. You abide by her wishes and keep her safe. She should have no agitation and if cousin agitates her, she loses the right to visit.
Guardianship is very expensive. And I think a Judge may take into consideration that a niece was assigned POA over a child.
I think that needs to be put in a POA, if a child or spouse is not assigned then should be something like "I assign my niece/nephew/friend as POA because I trust, unlike my children, to carry out my wishes and handle my finances in good faith"
Are you currently using the POA? Is it in effect? Are you on her papers as her contact, her POA. At the facility and with her doctor? Are you paying her bills and handling things? Because if your POA is in effect, no the daughter cannot intervene unless she gets guardianship. You may consider moving to beat her to the punch. Your Aunt's designating you her POA would go a long way to protect her. I would see an elder law attorney for options, and do know that the POA pays for this. Warn the facility that you must be called at once, or that the police should be notified if daughter attempts to get Aunt to leave the facility. I am so sorry you're going through this.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
As mentioned, read the POA thoroughly. You need to know what your responsibilities are being a POA.
Did you / Discuss the situation with the facility your aunt is in. They will know the legal requirements they must abide by.
https://www.floridabar.org/public/consumer/pamphlet13/
In addition, a POA is not the same as a guardianship (which is obtained via a court of law). In a guardianship the guardian can make pretty much all the decisions. With a POA, only certain decisions are yielded - and the person who created the POA has the option to make his or her own decisions. For example, I have a POA, but I am completely capable of making my own decisions - so my decisions cannot be usurped by the person I named in my POA.
So:
(1) With the POA, nobody can legally overrule the decision of your aunt.
(2) A lot will depend on who the assisted living facility views as the legitimate decision maker in the absence of a clear decision of your aunt - and I am betting it is you.
p.s. I am not an attorney, but I have spent years dealing with a care facility and legal matters.
Anyone signing a POA must learn / know what their responsibilities are.
However, hopefully her POA was drawn up by an attorney.
Matilda
I do not believe (or know of) such a document named legal guardianship. Please clarify your response.
As an aside, if the daughter wants to move her mother, it would appear that this person would not be able to seek legal guardianship, unless it is legally allowed in / through a POA. If it is, it likely isn't needed - right?
Do you know if the legal document is the same in all states?
My guess is that after a long outing her daughter will be relieved to return your aunt to the AL and get back to her own, unencumbered life.
Maybe getting a quick break from the stale AL environment and spending quality time with her daughter will do your aunt good. Her mind may be impaired, but it is probably also as good as it will ever be. Since she’s not in memory care — why don’t you ask her what she wants instead of asking us?
Have deep conversations with your aunt in her best capacity so you will know what she also wants for future scenarios.
Don’t prohibit such opportunities or she will lose them (unless there is some perceived danger, and in that case, make sure any field trips are supervised by you or some designated representative.)
In my personal situation there was a history of elder physical abuse by my sibling. Visits and outings were still allowed and supervised - but only when Mom wanted them.
Guardianship is very expensive. And I think a Judge may take into consideration that a niece was assigned POA over a child.
I think that needs to be put in a POA, if a child or spouse is not assigned then should be something like "I assign my niece/nephew/friend as POA because I trust, unlike my children, to carry out my wishes and handle my finances in good faith"
Warn the facility that you must be called at once, or that the police should be notified if daughter attempts to get Aunt to leave the facility.
I am so sorry you're going through this.