Mom is divorced... She has 3 kids... Mom is has been deemed incapacitated. Kids had power of attorney, but relinquished, and do not have Durable Power of Attorney. Since their Mom is divorced. The 3 kids should have rights to her financial and health care decision. Correct?
It seems odd that the three grown children still want to decide on what to do financially and health wise for Mother, so why give up the legal piece of paper POA that state they can???
Depending on State Laws, it could be possible that the Court will say that Mom needs someone to represent her rights, thus the Court could appoint someone from the Court to handle Mom financials and health decisions. It is too late for Mom to appoint the three children back onto the POA since she is incapacitated.
Seek the advice of an Elder Law Attorney.
• Spouse
• Adult child
• Parent
• Adult sibling
• Grandparent or adult grandchild
• Aunt or uncle or adult niece or nephew
• Adult cousin
• Close friend