My mom has Alzheimers and I had to remove her from her living situation with her husband because of the lack of care and ability he had to take care of her. The situation was awful and she was in poor shape. Now that she is in a good home, she is thriving. He, however, doesn't speak to us and wants to move her to his living situation which we know nothing about.
I am my mother's Medical POA. My siblings and I take great care of her and make sure that she gets out and about and loves life which she does. The only time she gets agitated is when he calls or after he visits.
Is there a way to stop him from moving her since she is doing so well mentally and physically?
If you take this further, you are certainly going to need more information about him and his ‘living situation’, before you can prove that your option will be better. It would be sensible if you could get all the parties together on this, rather than making it an expensive and destructive fight.
When you say a state assisted living home, do you mean a county Medicaid facility? Is your Mom on Medicaid? Is he? I would prevent this move, and not sure it is even possible if she's not on Medicaid (if I'm reading this situation correctly).
I also agree that if guardianship is the only way to stop this move, I would do so. It's not about "family consent" it's about who has the legal authority to make the decision on your Mom's behalf.
Your question is for an attorney. You may need to seek a general POA from your mother if she is competent to give that or you may need to get guardianship of her if she is not. If the hubby fights the guardianship he may win.
Good luck.
You can stop him from visiting and calling if someone has DPOA. Guardianship is the best thing. It overrides any POA. But its expensive. Does Husband have the mental capacity to do what is needed to transfer her? He will need to make sure there is a bed where he lives. Can he show that she can pay her way privately and if not, can he fill out forms for Medicaid. Give the AL 30 days notice. Set up transportation for her and move all her things.
If possible try to get both. Your best bet though is talk to a lawyer in your state.
All your medical poa does is make sure Moms wishes concerning her health are carried out. If there is a health crisis not mentioned in the POA, then u make the decision based on what Mom would want.