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What recourse do I have regarding my daughter's power of attorney abuse?

What recourse do I have regarding my daughter's power of attorney abuse?

Full question:

My daughter obtained a Durble Power of Attorney for my husband (her father) in May 2010, after he had been diagnosed with Alzheimers Dementia in June 2009. He's been on medication and under medical care since that time with progressive deterioration of mental capability. She was fully aware of his diagnosis, treatment and decreasing mental abilities. I, his wife, have been his contintuing caretaker. She has used her status of Power of Attorney to take over ALL of his life decisions (medical and financial), including the taking of ALL his money and putting it in an account, the whereabouts I do not know and has refused me knowledge of where it is nor do I have access to it. All this was done with my husband's consent but I'm not sure he recognizes the significance of these events now or then. I'm just beginning to explore my rights as the situation has become citical and the family is in chaos.What recourse do I have?

Category: Power of Attorney
Date: 04/07/2025
State: Virginia

Answer:

Victims of durable power of attorney (DPA) abuse may need assistance from adult protective services or the legal system to stop further abuse and recover assets. DPA abuse occurs when the agent misuses the authority granted by the principal, such as spending the principal's money for personal benefit instead of the principal's best interest.

Powers of attorney typically lack oversight, making it easy for agents to abuse their authority, especially when the principal is incapacitated. Under Virginia law, a person interested in the principal's welfare can request the agent to disclose actions taken on behalf of the principal in the past five years. If the agent does not comply within sixty days, the interested person can file a case in circuit court to obtain a court order for the records.

You may also file a case in circuit court seeking an accounting from your daughter as the agent. If your husband is still legally competent, he may revoke the power of attorney, which may require a medical opinion.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Does Medicare cover home health aide for Alzheimer's patients?

Medicare may cover home health aide services for Alzheimer's patients if they meet certain criteria. To qualify, the patient must be under the care of a doctor, require skilled nursing care, and be homebound. The services must be part of a plan of care established by a physician. However, coverage can vary, so it's essential to check with Medicare or a healthcare provider for specific eligibility and coverage details.

What are three things to never do with your loved one with dementia?

When caring for a loved one with dementia, avoid arguing with them, as this can lead to frustration. Don't correct them constantly, as it may cause embarrassment or confusion. Lastly, refrain from overwhelming them with too many choices, as this can increase anxiety. Instead, offer simple options and maintain a calm, supportive environment.

What does a caregiver do for Alzheimer's patients?

A caregiver for Alzheimer's patients provides essential support, including assistance with daily activities like bathing, dressing, and eating. They also help manage medications, offer companionship, and ensure a safe living environment. Caregivers may also communicate with healthcare providers and support family members in navigating the challenges of the disease.

Can POA be changed after dementia diagnosis?

Yes, a power of attorney (POA) can be changed after a dementia diagnosis if the individual is still legally competent to make decisions. If the person lacks capacity, changing the POA may require a court intervention. It's advisable to consult with an attorney to understand the specific legal requirements and processes involved.

Will Medicare pay for home health care for Alzheimer's patients?

Medicare may pay for home health care for Alzheimer's patients if they meet specific conditions. Coverage typically includes skilled nursing care, therapy, and certain home health aide services, provided the patient is homebound and under a doctor's care. It's important to verify eligibility and coverage details with Medicare or a healthcare provider.