I have durable POA of my mom and my sister want to change it. How Can I stop it?

A fellow caregiver asked...

my mom has been diagnosed with dimentia many years ago and it has gotten progressively worse my sister is wanting to have poa changed to her name so that she will have access to moms money what do i need to do to stop this from taking place or is there anything i can do

Expert Answer

Ron Kauffman is a certified senior advisor (CSA), senior lifestyle radio host, syndicated newspaper columnist, and the author of Caring for a Loved One With Alzheimer's Disease. In addition, Kauffman is also the primary caregiver for his mother, who has Alzheimer's.

Dear Daughter with Durable Power of Attorney:

I understand your concern. The quick, simple solution to your situation is to take the original copy of the POA to your attorney - hopefully one that practices either elder law, estate law or family law - and have him/her review it, validate your position as POA, and send your sister a letter to that fact.

The letter should explain to your sister that your mother executed her POA years ago, and in her (mom's) current mental state is not competent to alter it. Therefore the POA will remain as originally written with her intentions as initially stated naming your as her POA.

As her POA, you will decide and control how your mom's money is spent, and continue to do so until such time as your mother passes away. When that event occurs, your POA immediately ceases, and the instructions in your mother's will or Trust will dictate what happens to any of her remaining assets, and the executor or executrix that your mother named will see to it that her assets are handled per her written instructions in those documents.

You should have virtually no concerns regarding your sister's threats to take over as POA as long as the original POA was properly executed and witnessed as per the laws of the state in which it was written.

A good local attorney can clarify this very quickly, and put your mind at ease by closing the door on any questions as to who is and will remain the POA.

Best of luck.