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will power of attorney free my mother from a court ordered nursing home

1 Answers. Asked on May 18th, 2016 on Nursing Home Litigation - Pennsylvania
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Answered on May 19th, 2016 at 8:53 AM

Is there a court order requiring your mother to stay in a nursing home?  I suppose a court order could provide for that but I've not seen that.  If there is, in fact, such a court order, then the answer to your question is "no", your power of attorney does not "trump" the court order.  However, you POA may give you the abiltiy to seek a modification of the order.  I would also wonder whether a guardian has been appointed for your mother.  If so, your power of attorney would not be valid against the decisions of the guardian.  Guardianship matters are very complex and I recommend that you seek the specific advice of an attorney.

I recommend that you seek out a local attorney for a more in depth discussion of the matter. I do not recommend that you take any action steps without such a consult. Act quickly because by waiting, you may lose certain rights and remedies available to you.

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Elderly and vulnerable adults are at greater risk of suffering from physical, verbal and sexual abuse; neglect; and financial exploitation. Has a loved one been abused or neglected in a nursing home, assisted-living facility or long-term care center? Contact law enforcement officials immediately and then talk to personal injury lawyers with experience representing victims of nursing home abuse and neglect. Your family member may be entitled to compensation under your state's personal injury laws. A law firm can help you take civil legal action while also working with your relative and police to facilitate a criminal investigation.
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