Challenging Power Of Attorney

Summary

The user is concerned about her mothers wellbeing and believes her sibling, who holds the Power of Attorney, moved their mother to an assisted living facility without proper consent. She is considering challenging the POA and applying for guardianship. She has been advised to gather evidence, seek legal aid, and contact Adult Protective Services in Michigan. She was also provided with the contact information for Adult Protective Services in West Branch, Michigan.

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Lisa. Luce
Hello Lisa. Luce, how can I assist you with your legal issue today?
Couple. Question about poa
What specific questions do you have about Power of Attorney (POA)?
Poa will not tell me where my mother is. Poa n my brother. Toldmy mother she was going to a doctor app. Next thing i know poa told family after the fact shes in an assited living
What state are you and your mother located in? This will help me provide the most accurate information regarding Power of Attorney laws.
Mich
What is the specific issue you're facing with the POA? Are you trying to revoke it or get information about your mother's whereabouts?
Mothers were about. Revoke or go for guardship. I believe poa had a agend. She flew in from Florida had my brother take her to different doctors and had her cleared incompetent and that I forgot no I'm sorry and the next thing I knew my sister flew up from Florida and threw in a nursing home with no one else knowing my brother Dave was involved in it too he's the one that picked her up and took her to the doctors and had her declared incompetent
What evidence do you have to support your claim that the POA acted with a hidden agenda?
R this is the first time she's starting to throw my mother in a nursing home she has tried it three other times but my mother kicked her out of the house my sister moved to Michigan to help my mother she stayed there for 5 years said she had enough I can deal with her well I've been up and back and forth non-stop for 10 years spending months with her I just need she doesn't want to be in a nursing home that's one thing she always said
What steps have you taken so far to address this issue with the POA?
The POA will not talk to me she will not address my calls and she blocked me he told my brother that if I wanted to do to do something she will not talk to me about it it I don't know she's being a b**** all I want to know is my mother's safe where she at
Have you tried contacting the assisted living facility directly to inquire about your mother's wellbeing?
I believe I know where she is because my brother's daughter used to work as a nursing director at Primrose in Midland and I know that she my sister's been checking that place out for sure well I called that place I called three different places two of them said she wasn't there when I called Primrose I said I was wondering if I could get a message to my mother and the lady on the phone so we'll just hold on what your mother's name I told her to joining oh she's in the back good night well can I talk to her well let me see if the nurses station is she's up still get back to the nurses station I said yes I was wondering if I can talk to my mother what's your mother's name
Have you considered seeking legal advice or representation to challenge the Power of Attorney or apply for guardianship?
The problem is I'm in Florida and I'm trying to get up there but I was going to go for guardianship but I don't think I apply for any legal aid up there so I don't know what to do
Have you tried applying for legal aid in Michigan? They might be able to help you with the guardianship process.
No I haven't tried yet I didn't know if I could but I will call them I thought that's who I was talking to her I don't know anymore I've called so many people I'm just lost I don't I want it I feel like going up there and just going there and getting her out and like they kidnapped her so why can't I
What is the name of the assisted living facility where you believe your mother is?

In Michigan, you can challenge a POA if you believe it's being misused. You may need legal representation for this.
I believe I got disconnected and I was talking to somebody about guardianship for my mother
What is the current mental and physical condition of your mother?

In California, guardianship is granted by the court when the person is unable to make their own decisions.
To me my mother's in sound mind but she does forget a lot she's a little forgetful I did have to help her put her shirt on she put her on shoes on she made her own coffee she made food with me we went on trips we do everything together to me she's just old she in my sister doesn't know how to handle that so her way of doing it is throwing her ass and I got letters my sister wrote me about my mother saying how she was bad and how we had to get together and if we didn't do this but I have it with me she's been doing this since she's been my sister
What actions has your sister taken towards obtaining guardianship for your mother?

In California, guardianship requires court approval. It's typically granted when a person can't make their own decisions.
Nothing that i know of is it true if I go for a guardianship my mother has to they can subpoena my mother or my mother has to be there and it's a judge asses or where she wants to be I know what she's going to say does that count that's someone that is mental to me
What is your mother's opinion on this matter? In California, the court usually considers the wishes of the person in question during guardianship proceedings.
I know for a fact that she didn't want to go in a nursing home I can give you Witnesses and Witnesses of her telling people what my sister's been doing to her and she was even working she's even called she works at the Chamber of Commerce she's a trustee at the Chamber of Commerce still now that's someone with dementia right it doesn't all take care of herselfo
What steps have you taken to contest your sister's actions? In California, you can file an objection to the guardianship petition in court. The court's contact is (*) *-*, * McAllister St, San Francisco, CA *.
I'm in Michigan how if you're in California how's that going to work
We can provide you with general legal information and guide you on how to proceed. Have you consulted with a local attorney in Michigan about this matter?
Yeah all the attorney that I got a hold of all he wanted was $*,* to help me so I was trying to call another one after I got off the phone with you
Have you considered reaching out to legal aid services in Michigan for assistance? They often provide free or low-cost legal help.
Is there any way by law that I can contact the police and have a dual wellness check on it
What do you mean by a "dual wellness check"? Are you referring to a wellness check on your mother and sister?
No just do a wellness check on my mother but I don't know where to send the police too cuz I don't know where she's at last time I knew she was at she was in her house * Mi away
Do you have any contact information for your mother's neighbors or friends who might know her current location?
I've been talking to her friends and her friends in Michigan and our neighbors and everything they don't understand why my sister did this all I know is that she called me when my sister was up there and she already took her to a nursing home they were closing up her house and going to the banks and all that stuff so I don't have any thing
Do you have any information about the nursing home where your sister might have taken your mother?
I believe they took her to Primrose where my niece used to be Dr nursing cuz they've talked about that for years how a beautiful place of me for my mother and my mother told them no no *,* times
Do you have the contact details for Primrose nursing home to confirm if your mother is there? In California, a person's wishes are considered in guardianship cases.
No like I said I called there and ask to speak to my mother the lady out front and think she was there she sent me to the back nurse sensation she says well let me see if she's up she says who you looking for so Joanna hickey she said give me a minute on the phone I mean put me on hold and call back up she's not here and hung up the phone
Did you try contacting the local police or adult protective services in your mother's area to report your concerns?
No know how would I do that do I have to I don't know who the time to go for what I mean I don't know what to do with her do with them
You can contact your local police department or Adult Protective Services in your mother's area to report your concerns. Do you need their contact information?
Do I contact them where she lived or where I think she might be I don't know
You should contact the police or Adult Protective Services in the area where your mother last resided. They can help locate her.
I'll try Adult Protective Services first and then but I do it where she used to live at it and what do I tell them that she was there and now she's gone I don't know
You should inform Adult Protective Services about your concerns regarding your mother's wellbeing and any suspicious activities by your sister. Do you have any evidence to support your claims?
Yes she did all of this took her took her on took her to the doctors told her she was going to doctors and drop her off at a nursing will The Adult Protective Services help me even though she has people over my mother
Do you have any written or recorded evidence of your sister's actions or your mother's wishes? In California, such evidence can be crucial in guardianship cases.
No I don't have any proof but what people's told me you know that she knew my sister was trying throw in a nursing home but I didn't know anything about this POS stuff so I I did not know what was going on so she kind of like blindsided the whole family
Do you have any witnesses who can testify to your mother's wishes or your sister's actions? In California, witness testimonies can be considered in guardianship cases.
Yes
In California, witness testimonies can be used in court. It's advisable to gather their statements and contact information.
Willis will the state keep me or the protective services keep me informed about my mother or will they tell me where my mother is or what I don't know is that a question for themp
In California, Adult Protective Services should keep you informed about your mother's situation. However, it's best to ask them directly about their communication policies.
Would you happen to know the number to the one in West Branch
The contact number for Adult Protective Services in West Branch, Michigan is (*) *-*. They are located at * S M-*, West Branch, MI *.
T thank you for everything I will talk to them and tell them I think maybe they can help me out have a good day thank you so much
You're welcome! Don't hesitate to reach out if you need more help. Good luck with your situation.