I have a friend who is 79, fell in her house, broke her hip, and went to nursing home for rehab. She has a friend and her daughter who are poa and back up. The poa placed her in assisted living, she thought temporarily. The poa 2 months ago had a stroke, was in hospital for a month. Her daughter took over, was reluctant when principle wanted to spend her money on groceries, a replacement cell phone. The facility manager is friends with poa. The principle has been isolated, poa daughter blocked me from visiting, the only person she wants to visit, which was regularly, her wishes are being denied by facility. Principle wanted to revoke Poa's and appoint a guardian. She wanted to go to bank and remove them off her finances. The facility told the doctor declared her incompetent in 2015. She was active in telling poa daily what she wanted done, signing her checks, directing her aides. The law in Florida says a judge has to declare her incompetent. That has not been done. If the doctor did declare her incompetent, and the poa was created afterwards, is it invalid? If is not invalid what can the principle do to get help? The poa visited her this week and told her she was not going to be her poa anymore but the principle does not believe she informed the facility. The principle told the administration she wanted me to come back in as they are ignoring her. She has no family just step children who are out if state as she cannot contact them. She wants to go back to her house with her aide service. She is paying for the assisted living.
For a POA to be effective, it only takes one or two doctors to declare someone incompetent. Its guardianship that the Judge determines if the person is incompetent and that is with Doctors saying the person is. Incompetence has to be proven by the person filing for guardianship. The Judge reviews those findings and makes an informed decision.
Unless a POA is immediate, it does not become in effect until the principle is found incompetent to make informed decisions by a doctor, if POA is written that way. Up till that time, if the person can make their own decisions, POA is not in effect. And no, a POA cannot be assigned if the principle is not competent to do so.
Your friend needs an evaluation from a neurologist to determine if she has a Dementia and what kind so she gets the right medication, if needed. If she was diagnoised in 2015, I would say she is pretty well into it. A good physical would not hurt.
If she is found incompetent and she has no POA, then guardianship is the next thing. Very expensive. Her money can be used for this. I personally would not take on the responsibility if not related and even then I may not do it. As a guardian you report to the State. Financial records need to be kept up as well as proof of doctor visits etc. Since she has no family, the State could take over her care. A guardian would be appt and that person would now be in charge of her life and care.
However....If the principle is completely competent-and I’m think she’s not because of the dementia diagnosis 5 YEARS AGO and the stroke-Then she is completely in charge not the POA. She can have visitors if the facility slows it. She can talk to the administrator. SHE can tell the administrator the POA has stepped down. SHE can have the POA revoked and a new one assigned. So why isn’t the principle advocating for herself here? I don’t think she is as competent as you have been tricked in to believing. Also she can not appoint a guardian. That has to be done by the courts. She can make her wishes known but she herself does not get to appoint the guardian. It must be done by a judge. So why didn’t she pursue that if that’s what she wants to do?