How can my son terminate the negligent power of attorney for my mother with dementia?

Question

My mother, who has dementia, is currently under the care of a nursing home, and her power of attorney has been negligent, preventing her son, who is her favorite, from having any contact with her. The nursing home has made false claims that the son is discourteous and disruptive, but we have a witness who can attest to the negligence of the nursing staff, including multiple falls and inadequate medical care leading to a stroke. We suspect fraudulent documentation by the nursing home. The son wants to terminate the current power of attorney, assume the role himself, and remove his mother from this environment. What steps should he take to achieve this?

Nina Whitehurst · Answer

If your mother lacks the capacity to terminate the POA herself, your only option is to go to court to get a guardian appointed for your mother.

James L. Arrasmith · Answer

To terminate the current power of attorney (POA), your son needs to gather evidence of negligence and file a petition with the probate court in your mother's county of residence. This petition should detail the specific instances of neglect, including the falls and inadequate medical care, and request both termination of the current POA and appointment of your son as the new agent. Documentation from medical professionals regarding your mother's condition and the witness statement about nursing staff negligence will strengthen the case. 
 
Your son should also consider filing a separate complaint against the nursing home with your state's elder care ombudsman and department of health. These agencies can investigate claims of negligence and potentially provide additional documentation to support your court case. Meanwhile, he should keep detailed notes of all interactions with the facility, request copies of your mother's medical records, and if possible, take photos documenting any visible signs of neglect. 
 
Once the court grants your son POA status, he will have legal authority to make healthcare decisions, including transferring your mother to a different facility. This process may take time, so it might help to consult with an elder law attorney who can navigate the legal complexities and potentially request emergency court intervention if your mother's immediate safety is at risk. Remember that courts prioritize the best interests of the vulnerable person, so focusing on how the changes will benefit your mother's wellbeing rather than family disagreements will yield better results.

Q: How can my son terminate the negligent power of attorney for my mother with dementia?