Power of Attorney Rights

My daughter has power of attorney for my husband. He has dementia and she has signed papers for him to go in to VA home. I, his wife, do not want him to go. Can I stop this?

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May 28, 20150 found this helpful

I suggest that you consult an attorney specializing in POAs and family law for your rights in your situation.

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May 30, 20150 found this helpful

Unfortunately - in some cases - a power of attorney can create a lot of problems in homes/relationships.

But - a properly executed POA is a powerful instrument so only an attorney specializing in POA's can help you (as the first responder suggested).

That being said - since we do not know your age - from your question it would appear that you are at retirement age and free legal services may be available to you. You could check out any senior services organizations in your city or even ask your question at the VA center. If you cannot locate someone to help you then you could try the Salvation Army offices as they will be able to give you names of local organizations for you to try.

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You did not mention what type of POA your daughter has but she may also have some or total control of his finances and any property/vehicle/bank account that has his name on it. Any property with yours and his name will be another question but she may be able to withdraw all money from a joint bank account.

I would recommend that you try to get help ASAP as it will be very, very difficult to get this "undone" if your husband has already been admitted to the VA center.

Also, I do not know your financial situation but usually when someone is admitted to the VA center/nursing home all (or most) of their benefit/pension checks will go directly to that institution.

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May 31, 20150 found this helpful

We had an issue when my husband was dying of a brain tumor and my daughter threatened to get POA over both of us. I had the social worker at the hospital draw up a POA while he was there for my sake. But when I told them why I was doing it they told me as his wife, I had the final say on things.

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Check it out, not sure if you gave her permission to do this or not but I would seek advice from an attorney. I know how it is when others want to force you into doing something you don't feel ready for or is right.

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