Follow
Share

Can a person be declared incompetent with just a physician letter that is not documented in their chart or do you physically have to go to court to make it stick? Mom still works and takes care of herselft 75% of the time but my sister claims the POA cannot be revoked to remove her because she has a letter from mom's doctor?

This question has been closed for answers. Ask a New Question.
Find Care & Housing
She acutally is not POA any longer. My mother had her brother made POA. This is a very old thread and many things have changed.
Helpful Answer (0)
Report

You say your sister has POA; is your name on that too delegating responsibility to you if your sister steps away from being POA? Definitely consult an elder care attorney to ensure everything is done correctly. Most lawyers will give a free consultation. Or check with Elder Services in the town and perhaps they could refer you to a lawyer. Take care and good luck.
Helpful Answer (0)
Report

I am her health care proxy.
Helpful Answer (0)
Report

In addition to Fixers answer: does your mother have a health care proxy? We talked to my MIL doctor after a visit with him in which he observed the decline, mentally and physically.. We informed him of how she was becoming incompetent and he wrote a letter pertaining to this. We sent the letter to her lawyer. Also had the doctor invoke the health care proxy stating she cannot make medical decisions for herself.

As Fixer mentioned - it is best to talk to an Elder Care Physician to ensure all the correct steps are being taken. Perhaps there is an easier way to keep from having to go to the court. Take care.
Helpful Answer (0)
Report

if a family member has full control over their another family member can her children not return her after visit
Helpful Answer (0)
Report

if a family member has full control over their sister can her children not return her after visit
Helpful Answer (0)
Report

Only a court can declare someone incompetent and they will bases their decision on their own and doctor's opinions and then appoint a guardian if needed. You should probably talk to an elder lawyer, get a second opinion from another doctor, and get a copy of this letter. I would think your sister would have to go to court to have the new POA overturned and then it may be determined by the court what is in Mom's best interest. Have your ducks in a row now, talk to a lawyer. Best Wishes.
Helpful Answer (1)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter