Q: I just found out a social worker at my Mom's nursing home had her sign a new power of attorney.
But I'm already her power of attorney. What should I do?
A:
Does the new power of attorney appoint someone other than yourself?
Changing a power of attorney is a significant decision as it affects who can make life-changing decision about health care and other substantive issues.
If your mother is capable of understanding the significance of these decisions and has the 'capacity' to make them, then the new power of attorney would take precedence over the earlier one as new versions supersede prior ones. If you believe that your mother does not have the capacity to do so or the new one was signed under duress then you may wish to contest the matter in court. You may with to consult with a probate attorney.
Good luck to you.
A: I would notify the head administrator of this nursing home and demand to know what circumstances could have arisen to allow the social worker (I assume who works at this facility) to be a part of signing of a new power of attorney. Also, be sure to find out from your mom how this happened and why. That new power of attorney should be revoked and destroyed if it is not your mom's wish. I also am assuming that your mother has the capacity to sign a power of attorney.
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