Can an Alzheimer's patient revoke their power of attorney because they don't want to live in an ALF?

[Stagemomma]

Originally Posted by ocnjgirl

P.S. Take a deep breath, you have nothing to worry about. You are letting her have too much power over you and IMO sound too enmeshed with needing her to approve of the decision you made. I had to do this with my mom, too, and I know the guilt they can pile on. You have to put on your big girl pants and not care how upset she gets - you are doing the right thing. If she berates you every time you go see her, I'd stop going to see her until she treats you better - if she calls and berates you, tell her you have to go. Be strong, and take advantage if the many years of combined experience of the staff at her facility and ask for help. You do not have to do this by yourself anymore.

OCNJGirl is right.

Look at it this way. What if she succeeds in getting someone to agree that your PoA should be revoked and she shouldn't have to live there anymore? Is she going to call a taxi? to take her where? Does she still have another home to go to? How far would she get without you?

Even when she is at her most lucid is she capable of making a plan to live elsewhere?

[germaine2626]

Originally Posted by sambo1

if someone is a power of attorney over someone that is ill can the ill person have someone else be their power of attorney

If depends on what you mean by "ill". If the person is in a coma obviously they can not change the POA. If they have been ruled mentally incompetent by two doctors (POA activated) then, I believe, that it can not be changed. Now, if the person is ill because they broke their leg and they are mentally competent than I guess that they can change their POA.


I suggest that you start a new thread and add a few more details.

[Briolat21]

Originally Posted by sambo1

if someone is a power of attorney over someone that is ill can the ill person have someone else be their power of attorney

As others have posted - you might want to start a new thread.

It depends on their mental competency. If mentally competent, someone can change their POA at any time, for any reason. Because it's tuesday, because they woke up in a good mood, or in a bad mood, because they're mad at the person who has POA, because they love the person who has POA and don't want to be a burden. Literally, for ANY reason, at any time. (just need a lawyer or paralegal to write it up and notarize).

If they are not mentally competent - it gets tricky. If a lawyer thinks they are not mentally competent, they may refuse to draw up the revocation. However, people can have some mental issues, without actually being fully mentally incompetent.

Also if the type of POA was not "durable" - then the POA itself is worthless once someone is judged mentally incompetent. (That's why "durable" POA are typically used for the elderly, so that if advanced dementia occurs, the DPOA is still enforceable).

best of luck on whatever situation you're in...