Unlocking AI Legalese Decoder: How It Can Assist in Dealing with Power of Attorney for Those Deemed No Longer Sound of Mind
- May 18, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Complicated Family Situation with Nursing Home Closure
I find myself in a rather difficult situation and I’m not quite sure what steps I can take next. The condensed version of my dilemma is this: My grandmother, who is 93 years old, resides in a nursing home and is no longer mentally lucid. My mother, who has been her Power of Attorney (POA) for years, is now displaying significant symptoms of Alzheimer’s and dementia, rendering her incapable of taking care of herself, let alone making decisions for my grandmother.
As a result, I have taken on the role of caregiver for my mother. Recently, we received word from my grandmother’s nursing home that they will be closing their doors permanently, necessitating the relocation of my grandmother. Given my mother’s condition, she is unable to handle this process. While I am hesitant about taking on the responsibility of caring for two adults, it appears that I may not have much of a choice in the matter.
## How AI Legalese Decoder Can Help
The AI Legalese Decoder can be incredibly useful in navigating this complex situation. By utilizing its capabilities, I can efficiently explore the options available for transferring the Power of Attorney for my grandmother from my mother to myself. Additionally, the tool can assist me in understanding the process of obtaining Power of Attorney for my mother, considering her current inability to make her own decisions. This legal decoder will provide clarity and guidance in ensuring that the necessary legal steps are taken to protect the well-being of both my grandmother and mother.
Apologies if this post is not suited for this platform; however, I felt it was the most appropriate place to seek advice on this matter.
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If your mother is no longer capable, the POA is void. It’s not a transferrable document. Your grandmother is not capable of re-assigning it. Your mother can’t assign her own either if she is already past that point. You need to speak to a lawyer; I believe it’s now some form of guardianship that you need.
Since this is emergency based on time maybe social work can help a few things but you need to get to a lawyer to do emergency hearings on guardianship application today….
now that both arent of sound mind neither can have their poa re assessed
you need to speak with a lawyer to have some kind of guardianship order put in place
You would need to go to court to be appointed for both.
Public trustee for grandma.
NLA – I’m not a lawyer in Ontario but you will likely need to go to court to make an application to be appointed as the committee for your grandmother. You will need a lawyer to help you with the court filings.
Does your mom still have mental capacity to make a POA for herself? If so, get her to see a lawyer ASAP.
Caregiver is a hard job, let alone for 2. Good luck
Was there an alternate named in the POA? I’ve seen many that state that if the first named attorney can’t act or refuses to act, the second named attorney can take their place.
I know first hand how difficult this situation is . I want to send you strength and guidance to help make the best decisions for everyone involved . First take her to her family gp, especially if they have a long term relationship. This visit can start the assessment for Medical directives for her. Gp can then access senior services to get extended help for you and her, then do as others are suggesting.
Talk to the care home and ask if there’s a social worker assisting with the closure. Ask for any resources linked to the closure in regards to facilitating support for those with no poa or representation or guardian. Your grandmother won’t be the only one.
Sorry you’re having to manage all this.
My family literally just went through twice this as the same person was POA for two different family members who were passing at the same time. My mother was able to get the POAs transfered to her and a cousin as relevant because she was declared POA for my grandmother who was the… original POA.
My grandmother agreed and freely renounced the POAs though. So if your mother isn’t willing to do that – I assume your lawyer will know what assessments are needed.
Search for Hierarchy of decision making. If no other POA appointed, then going down hierarchy – any family member can act as sdm if willing.
If in Ontario – call PGT (public guardian trustee) or CCB (consent and capacity board) – can get appointed by them or have PGT represent your loved one.
You need to get both of then assessed to be able to get POA transferred to you. Not sure of the process. Talk to a lawyer.