I am one of 3 daughters. Two of us want to find a place for mom and the 3rd daughter is against it. Can she fight us on this? My older sister and I are the POA and the health care proxy's.
The question is not your sister, it's your mom. Is she on board with all this? She can quite easily revoke your POA at anytime. Just like firing a lawyer, anyone can fire their POA. A POA is not special, it just gives someone the ability to act as someone's attorney. People often confuse it with guardianship. It's not close to that. A POA executes the grantor's wishes. So in the end, it's up to your mom.
Depends upon the type of POA you have. I have durable POA which takes effect immediate while my mother is alive. It is also revocable, meaning that my Mom has the power to change it whenever and for whatever reason.
A Non-durable POA is only valid after the person passes.
If I'm wrong, someone please kindly correct me.
So, if you and your one sister have a durable POA, sister cannot do anything to block the move to Memory Care.
No POA is in effect after the death of the Principle. If there is an estate and/or will the Executor or Administer is given a short certificate to handle the deceased affairs.
One POA is giving permission for someone to handle something for you one time. Like a sale of property. Once the property is sold, the POA is no longer in effect.
DPOA is assigned by Principle. Some are immediate upon signing others are "spring" meaning the principle has to be incompetent for it to become valid. My Moms read if she was found no longer competent.
A Non-durable POA is only valid after the person passes.
If I'm wrong, someone please kindly correct me.
So, if you and your one sister have a durable POA, sister cannot do anything to block the move to Memory Care.
One POA is giving permission for someone to handle something for you one time. Like a sale of property. Once the property is sold, the POA is no longer in effect.
DPOA is assigned by Principle. Some are immediate upon signing others are "spring" meaning the principle has to be incompetent for it to become valid. My Moms read if she was found no longer competent.