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While stuck doing everything for my mother and all my sister mostly take to doctor. My mother was in recovery from major surgery. That's why she doesn't remember signing a POA. All her children signed too under distress.
A POA isn't set in stone, if your mother is now recovered and cognitively competent she can revoke the POA and create a new one naming whoever she wants.
Your profile states: "My mother no longer want my sister as caregiver or POA. Because, she don't remember signing the papers because she was in recovering from surgery. When signed Healthcare POA. She feel my sister does not have her best interest at heart."
Is there a backup POA?
Do YOU want to continue to be "doing everything" for your mother? How many siblings do you have?
Making more than 1 person POA can be a recipe for disaster. If mom is cognizant she no longer needs a POA to be in effect. She can rescind any document she wishes. She can have another POA drawn up. She can have who she wants named as POA. And I would question why she was pushed to name a POA while she was in recovery, one could argue that while under the effects of anesthesia she was not of sound mind, capable of making a decision like that.
Was this done at the hospital? I ask because her other children signing off is not done in a permanent POA. I would wonder if this was just a temporary thing because of the surgery. So the staff only delt with one person in making healthcare decisions if Mom wasn't able to do so. If so, its only for that one thing. It is no longer in effect.
There are different types of POA. Temporary ones are just for a one time thing. For me it was when my Mom took my daughter overseas, I had a Medical one done up in case something happened and my Mom would be able to handle it. When they got home, it was null and void. Some people assign a POA to represent them in the sale of a house or a business venture. Once done the POA is no more.
Durable POA for Financial and Medical/Advanced Directive should be done by a lawyer, in my opinion. Your Mom would choose whomever she wishes. She needs no permission from any of her other children to do this, no signing off by them. Usually these are "Springing" documents meaning Mom has to be found incompetent for them to be in effect. (a POA can be immediate, meaning its effective as soon as the person signs)
I think you may find that the POA signed in the hospital is not in effect now. It was just for that operation. If you find it was permanent, Mom can void it and assign someone else as long as she is competent. And being assigned POA does not make you the caregiver. Its a tool so the one assigned POA can handle the finances and make medical decisions both when the person who assigned you can no longer do for themselves. If there is no money, the POA does not use their own. The POA gives them the ability to apply for Medicaid or other resources. The POA is not at the others beck and call either.
Again, call the hospital and see if what Mom signed was just temporary for that surgery. If not, then ask how does Mom now go about voiding it. And if Mom does not want your sister caring for her, then she can ask someone else. As said, if she is competent to make her own decisions, then the POA is not in effect anyway. And a POA does not make you the Caregiver. There are a number of people on the forum that do the Caregiving but someone else is the POA.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Is there a backup POA?
Do YOU want to continue to be "doing everything" for your mother? How many siblings do you have?
If mom is cognizant she no longer needs a POA to be in effect.
She can rescind any document she wishes.
She can have another POA drawn up. She can have who she wants named as POA.
And I would question why she was pushed to name a POA while she was in recovery, one could argue that while under the effects of anesthesia she was not of sound mind, capable of making a decision like that.
There are different types of POA. Temporary ones are just for a one time thing. For me it was when my Mom took my daughter overseas, I had a Medical one done up in case something happened and my Mom would be able to handle it. When they got home, it was null and void. Some people assign a POA to represent them in the sale of a house or a business venture. Once done the POA is no more.
Durable POA for Financial and Medical/Advanced Directive should be done by a lawyer, in my opinion. Your Mom would choose whomever she wishes. She needs no permission from any of her other children to do this, no signing off by them. Usually these are "Springing" documents meaning Mom has to be found incompetent for them to be in effect. (a POA can be immediate, meaning its effective as soon as the person signs)
I think you may find that the POA signed in the hospital is not in effect now. It was just for that operation. If you find it was permanent, Mom can void it and assign someone else as long as she is competent. And being assigned POA does not make you the caregiver. Its a tool so the one assigned POA can handle the finances and make medical decisions both when the person who assigned you can no longer do for themselves. If there is no money, the POA does not use their own. The POA gives them the ability to apply for Medicaid or other resources. The POA is not at the others beck and call either.
Again, call the hospital and see if what Mom signed was just temporary for that surgery. If not, then ask how does Mom now go about voiding it. And if Mom does not want your sister caring for her, then she can ask someone else. As said, if she is competent to make her own decisions, then the POA is not in effect anyway. And a POA does not make you the Caregiver. There are a number of people on the forum that do the Caregiving but someone else is the POA.