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My mother and I bought a house together in N.J., she's been living here for 8 yrs. Back in Oct, 2023, she went with my niece to L.I.N.Y., ended up needing surgery on a toe, then rehab. Afterwards my niece took medical and financial POA and put my mother in nursing home. My mother wants to come home and we want her home. She was well cared for and happy. She does not have dementia or Alzheimer's.


What can we do? My mother has made it very clear she does not want to stay there and wants to come home.

If Mom is competent and has money, she should have gotten a lawyer and a ride home last year.

If she can’t do 3 ADLs or has cognitive deficiencies, and is on Medicaid, you should probably get your own legal advice about any claim you have to her share of your joint home. A child who provided care that kept her out a nursing home she otherwise qualified for may qualify for an exemption from any Medicaid clawback.

A POA who did the work to secure Medicaid placement is unlikely to risk having to repeat that work if returning to home doesn’t work out. Can you put together a realistic plan to address Mom’s current needs as the POA sincerely has categorized them? Include contingencies for a return to skilled nursing and how you can have work delegated to you.

The lack of detail that you provide can lead to speculation. E.g., worsening diabetes leads to partial foot amputation, hospital delirium, wheelchair dependence, and aggravated cognitive deficiencies. So it is too believable that skilled nursing may be needed.
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Reply to Frebrowser
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Bring Mom Home!!!
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Beatty Jun 8, 2024
Of course! Because Home is always best. No matter if the care needs are too high, if it causes financial burden or causes harm.

No practicalities needed. Home.
Let's just ask a unicorn to pick Mom up. A flying one like in the Adventure Time cartoons. Mom can ride on home & be happy ever after 🦄🌈🪄😜
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donna1050: No one "takes" POA. As the principal, who is your mother, is of competent mind, she can assign Power of Attorney to the agent of her choosing.
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Reply to Llamalover47
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As so many respondents here have suggested, there may be more to this story.
The other recurring answer is, "Why doesn't she just leave?"

I find it odd that the OP, Donna1050, has made no further comments.

I don't have anything more to add. Everyone has already said it:
Just bring her home, and have her rescind the niece's POA. (if that is what she wants)

I'm wondering if the niece, or the niece's mom, is threatening or emotionally blackmailing the mom to gain control of her money, and mom is afraid to stand up to them. People can become bad actors when there's money involved.
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Reply to CaringWifeAZ
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Beatty May 29, 2024
Who knows?

Or the niece was being practical..?

After the Aunt's hospital stay, Niece was informed of her medical situation & arranged the necessary care.

The OP said she *wants* her Mother to come home & that her Mother also *wants* to come home.

This could be an emotion issue, not a practical one at all. No information given as to whether Mother is actually ABLE to return home or not.

That was my takeaway anyway.
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Contact a doctor to evaluate your mother for mental competency. If she is mentally competent, she can do as she pleases- including repealing POAs from niece.
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Reply to Taarna
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Is Mom Diabetic? Was the surgery on a toe an infection? Amputation?

How is Mom's mobility? Able to walk on her own, up & down steps, bathe herself?

Was Mom financially contributing to the house you bought together?

Now that Mom's living & financial situation has changed, you may need financial advice for yourself.
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Reply to Beatty
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There must be more to this story. If your mom wants to come home go get her. Even if her niece now has POA she can't go AGAINST your mom's wishes unless she is her Guardian, and she has been declared incompetent or non copos mentis.
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Reply to cavincunningham
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You may just have to go to NY and talk to the management at the Nursing home and your Mom. The only way they can keep her from living is to say its an unsafe discharge. You find out what Moms health problems are. Then you set up what is needed in your home, if Mom is competent. Or, have her transferred to a NH in NJ. Have her evaluated then.

I would want to see that POA. If done from the internet, it still needs witnesses and a notary. Why did niece not call you so you could come get Mom.
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Reply to JoAnn29
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as others have said, if she is mentally competent - Mom can decide where she lives.

If not competent - you probably need to get lawyer involved. Was a lawyer involved in writing the POA your mom gave to your niece (and presumably through proper process?).
The lawyer can look through the details of the POA contract. Sometimes the contract may say things like " I would prefer to live in my own home or a home like setting for as long as possible, a facility is a last resort ". somthing like that. The lawyer can then advise on whats possible.
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Reply to strugglinson
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We know that POA cannot be "taken." Your mother had to grant it.

We don't know what your mother has told niece about her treatment at your home. We don't know why your mom, if she needed surgery and rehab, didn't come "home" to her home with you before she had the surgery. LI and NJ aren't so far apart that the surgery couldn't have been done in NJ. If I were visiting a relative and needed surgery, I wouldn't have the surgery in their town. I'd go home.

We don't know if she's telling niece one thing and you another.

How do you know mom doesn't have dementia? It certainly seems as if she might. You'd better visit her and reassess the issues.
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Reply to Fawnby
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So bring her home.

If she is of sound mind and can make her own decisions, can you elaborate on the problems you're facing?
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Reply to Sha1911
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The only way your neice could have gotten POA is if your mother willingly gave it to her legally, or it was appointed to her by the court. So she did not "take" anything here. My guess is she probably lied and coerced your mother into it. Did you have POA before this?

If your mother is still mentally competent and there has not been any diagnosis of dementia then she can still legally make her own decisions. If I were you, I'd get her to a doctor for dementia testing then go from there. One step at a time.

Keep in mind that if your mother is in a nursing home, your neice (the POA) is not benefitting financially from this. The nursing home is taking all of your mother's money and assets. Talk to your niece and ask her why she had your mother placed. Open a line of communication and see what she has to say before you do anything.
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Reply to BurntCaregiver
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No one TAKES POA. POA is GIVEN.
That is to say, the principal assigns someone to be the POA.
If your mother is, as you say, competent and without dementia, then she can change her POA any day she wishes to.
Nursing homes are not prisons. People who are not suffering from dementia are not pulled off the streets and trapped in a nursing home pleading to leave.

There is, I think, perhaps some few things missing from the understanding of all of this. But the long and short of it is a question of competency.
A) A POA acts only upon the request of the assigning competent principal
B) The competent principal can change her POA any time she wishes to do so.
C) Attorney's will visit a Principal in nursing home and assess for competency in changing her POA.

Good luck.
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BurntCaregiver May 23, 2024
@Alva

Yes, nursing homes are very similar to prisons. When a person is locked in somewhere and deprived of their liberty to come and go as they please, that is the very definition of prison.

Sadly, nursing homes and memory care facilities are unfortunate necessities for many people. When people have dementia they have to be in a locked, secured, controlled environment. Most memory care facilities that aren't high end places are very similar to prison. Most places stink and are filthy. The food is disgusting. You usually have a "celly" or "roommate" because most people don't have private rooms in a nursing home/memory care. Most inmates don't have their own cell either. The activities are cheesy in both and neither place has good cable tv.

They are very similar to each other. You don't have to wear a uniform in a nursing home/memory care. Prisoners do.
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If your Mom is not incompetent to make informed decisions, then she can revoke nieces POA. I would use a lawyer though. Mom can assign someone else. When this is done, the new POA will say that this new one revokes any POAs prior.

I too, though, think there is more to this story. Its very hard to get someone into Long-term care. There is criteria that has to be met. One being the person needs to be 24/7 care.
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Reply to JoAnn29
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Sounds like you'd better get the WHOLE story here before you do anything. Nobody "takes POA", your mother assigned it to your niece, first off. Secondly, if your mother does NOT have dementia, why is she staying in a NH she doesn't want to be in???

NJ is close to LI.....how is it she went to stay with your niece and all these things transpired over the course of 7 months without your involvement or consent???
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waytomisery May 23, 2024
I agree , get the whole story about Mom’s care needs before taking Mom back into the home . I wouldn’t just take the Mom’s word for how she is physically or mentally .

And why would the mother not come home to her house she co-owns in NJ after rehab . What reason does she need a nursing home ? Why did she go with the niece last year to begin with ? There are puzzle pieces missing to this story .
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Keep your mom in AL. There are about 6 million posts on this forum telling you the reasons why this is a good idea.
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SorayaAshBha Jun 7, 2024
Lol
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Your Mother Can Have her removed as POA . Easy To do and give you health care Proxy - it is a Piece of Paper . Anyone can remove a person as POA . You could go to the NH Have the her write I am removing so and so as POA or bring her to her Bank and Have it Notarized . You Can find these forms On the internet . Next Sign a Health care Proxy . I hate when people Think Because they fooled someone into signing something they Now have authority over this persons Life . You May want to get a elder attorney involved but that costs Money . Mine cost $5500 . Easy To say get an elder attorney . Next you go to the NH and have them do the discharge Papers . if they say They have to talk to your niece say go ahead " She is No Longer POA or Health care Proxy . " It is Not hard to get someone discharged from a NH - I have done it . Then you bring her directly to her primary care doctor and check on what she needs Like Physical therapy , meds , VNA Nurse and Place On file that you are Health care proxy and make sure the POA is On file at her bank . It is easy to have someone removed from a NH . Otherwise you contact the Ombudsman and File a complaint or you tell the NH You are Contacting Medicare and filing a complaint .
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Reply to KNance72
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If she does not have dementia she can change POA and remove niece as the current POA.
Technically if she does not have dementia she does not need a POA and can sign herself out of a Skilled Nursing facility. Now if she is in Memory Care and not a "nursing home" then she can not sign herself out as she, at some point has been declared incompetent.
I would think as "next of kin" you would have more to say than a niece.
You might want to consult an Elder Care Attorney.
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Reply to Grandma1954
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You can try to go get her. When you show up, if the niece or anyone tries to prevent her from leaving, then your Mom can call the police and explain that her niece is preventing her from going to her actual home in NJ. If the niece shows up with the PoA paperwork, and your Mom legitimately gave her the authority, the niece will still need to prove your Mom has a medical diagnosis of incapacity. But what if you show up and your Mom is physically incapacitated and can't do her ADLs? Has become bedbound for some reason? Still, she would be to decide where she lives.

You should also know that if your Mom does have dementia, "sundowning" is a thing that can happen: the person's behavior worsens later in the day and they often will fret or even panic about going "home" but the home they are referring to is usually their childhood home, not their most recent one. My Aunt with dementia wanted to "go home" every afternoon, even though she was sitting in the home she occupied since 1975. And if your Mom has memory impairment, which often somes along with dementia, she may not remember granting PoA to her niece.

It is strange that the niece would agree to be PoA knowing your Mom was already living with you for 8 years. If your Mom has capacity she can create a new PoA and assign you instead. Not sure a NH would keep your Mom if it was apparent she didn't have dementia or memory or other impairment. It's also strange that, even if she was in the NH because she needed more care than the niece could provide, that she wouldn't have contacted you to come get her and care for her.

What kind of "toe surgery" requires a stint in rehab? My Mom had some in her 90s and never needed to go to rehab. I agree, I think there's info missing from this story.
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Fawnby May 23, 2024
That's a good point about toe surgery and rehab. I've had two broken toes and a biopsy on my big toe. Drove myself home after the biopsy, which involved removing most of the toenail. Rehab was absolutely not necessary for any of those things.

Maybe amputation of toes would require rehab? But surely not inpatient rehab for an extended period. Hmmm.....
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Power of Attorney cannot be "taken" if someone just decides they want it. If the person is still competent - they can CHOOSE their POA and have the responsibility assigned to that person. If the person is no longer competent, if a POA exists it cannot be changed because that person cannot legally make those types of choices any longer.

As others have said - a person does not have to have dementia or ALZ in order to need a nursing home. While my FIL DID have dementia/ALZ - that was NOT the reason he went into a nursing home. He went because his PHYSICAL care was more than we could continue to manage in his home. PHYSICALLY he was unable to stay in his home. A nursing home had all of the requirements he needed. The dementia diagnosis in the SNF was secondary.

Are you certain that there are not other reasons why your mother needs to be in a SNF? Have you spent considerable time with her at the nursing home to see what her daily needs are?
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Reply to BlueEyedGirl94
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You don't have to have dementia or Alzheimer's to be put in a nursing home. Seems like there is more to this story like why did OPs mom give niece POA?
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Reply to sp196902
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Your didn't "take" POAs. Your mother had to have granted them.

Your mother can now rescind those POAs and give them to you.

She needs to call a lawyer to get the ball rolling.
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Reply to BarbBrooklyn
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Why doesn't Mother leave? Catch a taxi back to the house you share?
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Reply to Beatty
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Hi OP, please correct your sentence. You wrote this: “She doesn't not have dementia or Alzheimer's.”

”doesn’t not”

I think you meant “doesn’t”.

The law is simple: if she doesn’t have dementia, she’s free to leave the nursing home. If she does have dementia, you and her have no power to decide, because your niece has POA. You can go to court (expensive) and try to fight for guardianship, try to take away niece’s POA.
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