I'm being fined for 'failure of safety' as POA.
I hold the power of attorney for my mother who has dementia. She left my sister's home and was missing for a couple of days and now I'm being fined for failure of her safety. How do I get these charges dropped and now I'm being asked to have her committed?
As the agent under a Durable Power of Attorney, you are charged with acting in the best interests of your mother under the Durable Power of Attorney. This is what is referred to as your fiduciary duty. However, you are not a guarantor of her safety even though you must take reasonable steps to insure her safety. You should obtain a lawyer to assist you in defending yourself against whatever charges are being brought against you. In regard to whether she should be committed to a facility, you should consider having a geriatric care manager analyze the situation and develop recommendations as to the best way to provide for your mother.
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