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Conservatorship
What happens if my mother revokes my power of attorney?

What happens if my mother revokes my power of attorney?

Full question:

i have a durable p.o.a. for my 86 year old mother she,s recently discharged from the hospitalfrom one of many times falling etc.she has onset alsheimers which appears intermittedly and with no specific schedule she is on medication.in her usual combattive state she becomes spitefull and is now threatening to revoke my poa. where do i stand thank-you michael geserick sr.

Category: Conservatorship
Date: 04/07/2025
State: New Jersey

Answer:

A conservator or legal guardian is appointed by the court to manage the personal and financial needs of someone unable to make decisions due to age, illness, or disability. In elder law, this is often a spouse or child. The court takes the appointment of a legal guardian seriously, and the guardian's authority is limited to what is necessary for the person's care. This can include:

Choosing where the person lives
Accepting or denying medical care
Managing food, clothing, and shelter
Handling financial and contractual matters
Planning for estate and asset preservation
Restricting civil rights and personal freedom

In New Jersey, conservatorships are generally less extensive than legal guardianships and are voluntary. A conservatorship focuses on financial matters when the person requires assistance. A conservator is granted specific powers to manage the conservatee's finances, which may include:

Making payments for the conservatee's support and maintenance
Paying lawful debts
Managing the conservatee's assets
Collecting debts owed to the conservatee
Planning for taxes, estates, and asset preservation

Both legal guardianships and conservatorships require significant effort from the appointed individual. Establishing these relationships is crucial for caring for your loved one, and additional procedural requirements exist once you are appointed.

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

When is it time to put a dementia patient in a home?

Deciding to place a dementia patient in a care facility depends on their level of care needs and safety concerns. Signs that it may be time include increased confusion, difficulty with daily activities, wandering, or unsafe behaviors. If family members can no longer provide adequate support or if the patient poses a risk to themselves or others, it may be advisable to consider a nursing home or assisted living facility. Consulting with healthcare professionals can help determine the best course of action.

Who can override a durable power of attorney?

A durable power of attorney can be overridden by the principal, who is the person who granted the power, as long as they are still competent. If the principal is no longer able to make decisions due to incapacity, a court may appoint a guardian or conservator to manage their affairs. Additionally, if the power of attorney was granted under undue influence or fraud, it may be challenged in court.

Where can I get help for a parent with dementia?

Help for a parent with dementia can be found through various resources. Local Alzheimer’s associations offer support groups and educational materials. Healthcare providers can recommend specialists and care options. Additionally, community services may provide in-home care or adult day programs. It's important to explore all available resources to ensure your parent receives the necessary care and support.

Who is responsible for a parent with dementia?

Responsibility for a parent with dementia typically falls to family members, often adult children. However, legal responsibilities can vary based on the parent's financial situation and any existing legal documents, such as powers of attorney. If family members are unable to provide adequate care, they may need to consider appointing a legal guardian or seeking assistance from professional caregivers.

What to do when a dementia patient refuses to get out of bed?

When a dementia patient refuses to get out of bed, it’s important to approach the situation with patience and understanding. Try to determine the reason for their reluctance, such as fear or discomfort. Offer reassurance and engage them in a gentle conversation. Sometimes, providing a favorite activity or a familiar object can motivate them to get up. If the behavior persists, consulting with a healthcare professional may provide additional strategies.

What stage of dementia is incontinence?

Incontinence can occur in the later stages of dementia, particularly in stages 5 and 6, when individuals may have significant cognitive decline and may not recognize the need to use the bathroom. It can also be influenced by other health issues. Caregivers should consult with healthcare professionals to manage incontinence effectively and ensure the comfort of the individual.