How to remove POA refusing memory care for elderly veteran with dementia?

Question

I need to remove the medical power of attorney from my elderly veteran family member's wife. The patient, who suffers from dementia, is currently in a nursing facility that can't provide needed memory care treatments, which are covered by the VA. The wife holds the power of attorney and refuses to seek these treatments for unspecified reasons. Despite attempts by family members to discuss options, she dismisses our concerns without explanation. The patient has experienced several medical crises at the facility, including sepsis and dermatitis neglecta, necessitating better care. This is our first time considering legal action. We have the recorded diagnosis and treatment needs for the patient and other willing family members to take over the power of attorney. How can we legally remove the current power of attorney to ensure the patient receives proper care?

Randy Bryan Ligh · Answer

If the principal (patient) is considered competent, or has periods where he is lucid, then he can sign a document revoking that power of attorney.  Or, assuming he's competent, he can sign another (additional) powers of attorney providing him additional agents/persons to act as his power of attorney.  But that might be too easy and let's assume he's no longer competent---in that case, you need to go to Court and ask that a curator be appointed to represent/handle his affairs due to his inability to do so himself.  If you are considering court action, then you should have an attorney represent you.  Louisiana still have a department or agency of elderly affairs and you should be able to find that via a google search and their website should provide additional information/resources.

James L. Arrasmith · Answer

You're facing a challenging situation with your elderly veteran family member's care. Based on my research, removing a power of attorney for someone with dementia in California typically requires a court petition for conservatorship when the principal lacks capacity to revoke it themselves. 
 
When an agent with power of attorney fails to act in the principal's best interests – such as refusing necessary medical treatment covered by the VA – this constitutes a breach of fiduciary duty under California law. The documented medical crises your family member has experienced (sepsis and dermatitis neglecta) provide important evidence of potential neglect that can support your petition. These circumstances may qualify as elder abuse under California's Elder Abuse and Dependent Adult Civil Protection Act. 
 
To proceed, I recommend contacting an elder law attorney familiar with VA benefits and conservatorship proceedings to prepare a petition to the probate court. You'll need to gather all medical documentation showing the diagnosis, recommended treatments, and evidence of the wife's refusal to authorize appropriate care. The petition should request both removal of the current power of attorney and appointment of a new agent or conservator who will prioritize the veteran's medical needs. Adult Protective Services should also be contacted if you haven't done so already, as they can provide additional support and documentation for your case. This legal action, while difficult, appears necessary to ensure your family member receives the memory care treatments they urgently need.

Q: How to remove POA refusing memory care for elderly veteran with dementia?