Q: Can I get durable & medical POAs over my elderly mother reinstated?
In 2016 I obtained both durable and medical POAs for my then mentally competent mother because she was in and out of the hospital all that year. At the end of 2016 she suffered a stroke in the hospital and I brought her back home on hospice. She has been mentally, and partially physically, incapacitated since. My brother and sister snuck around this year (2018) and tricked her into signing POAs giving them authority over her and they put her in a nursing home. She wasn't in her right mind when she signed their papers. I even have a script from her doctor in 2016 that states that she suffered a stroke, shows signs of dementia, and is unable to make her own medical decisions. She never regained the ability to make her own decisions. I had been her primary caregiver without fault for the last 4 years.
A: While you cannot get those documents "reinstated," if your mother lacks legal capacity, you can apply to become her guardian. Guardianship trumps powers of attorney.
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