(Warning: Typos Intact, Not Legal Advice)

This woman was somebody my parents trusted for years to do financial things for them. Before my dad died, he made her and her husband promise that my mom would never be put into a nursing home. Somehow she became POA, and I didn’t dispute it at the time, since I live so far away (Florida) and figured it would be easier to have the POA in the same town as my mom. Several years later, this woman moved to a different state. However, she still maintains control. At some point, the POA called mom’s live-in caregiver (we’ll call her G) and asked her how she’d feel if my mom were put into a nursing home. G strongly objected. Months later, this POA flew down and said it had all been arranged, and it was just “temporary”. This was mid January, and it was supposedly just for a month to give G a break, but she is still there!

Answer:

There are two primary types of powers of attorney: a financial power of attorney and a healthcare power of attorney. A financial power of attorney allows an individual to delegate control over their financial matters to another person, but only to the extent explicitly stated in the written document. There is no such thing as a “general” power of attorney that automatically grants broad powers—the scope of authority is entirely defined by the document’s terms.

A healthcare power of attorney, on the other hand, becomes effective only when the person who granted it becomes incapacitated. While you may delegate authority to make financial decisions while you are competent, you cannot delegate authority to make healthcare decisions unless you are no longer capable of doing so yourself.

What’s concerning in this situation is that it appears a woman—described as a “rogue” individual—may be making residential care decisions for your mother. This could suggest one of two things: either your mother is willingly going along with her recommendations, or this person holds a valid healthcare power of attorney. It’s important to remember that a healthcare power of attorney is only effective if your mother is legally incapacitated.

If your mother is indeed mentally incapacitated, then the individual designated in her healthcare power of attorney would have the legal authority to make decisions about her residential arrangements. However, if your mother is still competent and not suffering from a condition such as advanced dementia, she retains the right to revoke both the financial and healthcare powers of attorney. That said, even individuals with limited mental capacity may still be able to revoke a healthcare power of attorney if they can clearly express their wishes. In contrast, revoking a financial power of attorney typically requires full legal capacity, as it is treated similarly to entering into or terminating a contractual agreement.

If you suspect that the individual holding power of attorney is abusing her authority or mistreating your mother, you have several options. One is to petition the local probate court for guardianship or conservatorship. However, before taking legal action, I recommend contacting Adult Protective Services (APS)—a government agency tasked with investigating reports of abuse, neglect, or exploitation of vulnerable adults. APS can conduct an investigation and help determine whether further legal steps are necessary.