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My BIL has POA to take care financial and medical stuff. He walked away from my MIL. We live in another state. Can we ask the seniors care services to take care of her?

Its funny he just got up and walked away. Is she someone not easy to get along with? If she has money, maybe time for her to go to an Assisted living.

You don't mention her age. My GF was a juvenile diabetic and gave herself her own injections. Later on she had a pump. You need to put your feet on the ground and see what is going on. Then call Office of Aging to find out what resourses there are for Mom. Check with her health insurance and see if they provide Visiting Nurses. Its really going to be hard to find anyone just to come in for injections. Unless, you can find someone nearby that has experience in giving shots.
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Reply to JoAnn29
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A few things are not making sense to me here.
You say that your MIL is of sound mind. That your BIL left and said he would "leave the records" but that he didn't leave them. Then you tell us that you are out of town and live nowhere near her. If that is so how do you know that the records were not left by the BIL?

Long and short here is that yes, being of sound mind, you can now take over being POA for MIL. IF YOU WANT TO and KNOWING it is very difficult to do from out of state.
Here is step by step how you would do that.
1. Go visit MIL
2. Go to attorney with MIL. There MIL makes out new POA papers. She sends letters to BIL and all entities he signed on to manage that he is no longer POA and YOU are and gives your information. She sends a letter to BIL saying his POA is withdrawn and you are now POA and requests records sent to you.
3. You then go to Bank with MIL and present all new papers and get accounts fixed and you send copies of your POA to all entities, bill collectors, utilities, etc that you are now the financial POA for MIL.

You can see how very difficult and convoluted this is.
If MIL is of sound mind and can handle her own affairs she can hire help and remain home. If not she should likely be in care where her insulin can be administered to her.

Meanwhile and emergently your MIL needs daily insulin. This is an emergency situation that require immediate help. She is kind of stuck with calling APS at once to get help and register the abandonment. As to whether or not BIL "gets in trouble", if he was responsible for insulin administration to someone, and simply abandoned without replacing or arranging care, then I really am not concerned with what questions he may face from authorities.

MIL should call APS today and report she is without help or care.
I would encourage you NOT to attempt POA for someone who is so far away. I did POA and Trustee from other end of our state; it was very difficult, especially in first year and very anxiety-producing.

Good luck.
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Reply to AlvaDeer
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If you MIL is of sound mind, nobody is going to get in trouble for walking away. The POAs are only for helping her when she is unable to do it herself.

Contact APS and request a wellness check on a vulnerable person, being a senior qualifies, and let her deal with them to get her help, she is of sound mind after all.

It sounds like she believed that assigning someone POA made them her personal slave. This attitude is so common and so NOT what being POA means. Good for your BIL walking away from the insanity of the situation.
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Reply to Isthisrealyreal
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Below you say she is of sound mind, yet you live out of state... how do you know she is "of sound mind"? She can be cognitively compromised in ways you can't tell by speaking with her over the phone. This is how it was with my MIL who lived only 6 miles from us. At first I didn't see the need to check on her every day because on the phone she sounded fine. But when I went there, her food was rotting in the fridge, she hadn't taken her thyroid meds at all (they were scattered over the kitchen table) and her checkbook was in chaos (overdraft fees of $930). The social worker called it "apparent competency". Applying for guardianship can cost a few thousand dollars and time.

I think you will need to go there in person (for about 2 weeks) to make an accurate assessment, make decisions, get healthcare and legal ducks in a row, set up services etc. Right now you are mostly flying blind.

If she truly is "of sound mind" then you take her to an elder care attorney and she assigns a new PoA. Then you may have to decide that she sells the house and relocates close to you for better, easier management. Her house sale funds can pay for her care. I personally would not move my own Mother or MIL in with me for multiple reasons, so don't do this unless you go in with your eyes fully open.

Another option is to hire a geriatric care manager (but she will still need a functioning PoA). She will need to be able to pay for it.

Have you tried calling Medicare to see if she can get in-home insulin injections through her current clinic? It will be easier to sort through this mess if you go see things for yourself in person. I wish you success in getting her appropriate care.
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Reply to Geaton777
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Contact her Primary care doctor and the emergency answering services - Her Doctor Maybe able to send in a VNA Nurse for the Insulin Injections But How soon the Nurse can arrive Is another Matter . You will have to Hire someone To help her .
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Reply to KNance72
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Wishbon Aug 22, 2024
We did, but they only gave us the social services number.
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More information would be helpful, like:

- is she now living alone?
- does she have cognitive/memory deficits?
- did BIL resign from PoA legally, or did he literally just leave and now no one can contact him?

Not sure what "senior care services" is, but if your Mom needs an in-home aid she will have to pay for it herself.

If you take your Mom to an elder law attorney she can assign a new PoA if she has enough capacity to legally do so (and this will be assessed by the attorney when she is privately interviewed). The bar is low so even if your Mom has some mild dementia and memory loss, she may still be able to do it.

Otherwise you will probably be looking at guardianship either personally or with a court-assigned guardian, which will probably be the outcome if you call APS.
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Wishbon Aug 22, 2024
BIL left and no one can contact him.
we live out of state , can we still be guardian?
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It is time now to call APS and let them work out what is happening. If MIL is not competent (and you haven't said she is; we need much more information from you) then your BIL cannot abandon her without making safe plans for her. HE should have been the one to call APS and resign his POA, which is a legal action when someone is incompetent.

Now if she is competent to care for herself that's another situation.
Who did brother in law notify he was leaving?
What records of finances and etc has he left for whomever is wishing to take over?

Can you tell us more about her needs?
In lieu of that call the APS; if you cannot reach them call the police for a wellness check and go from there.

I wish you the best of luck.
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Reply to AlvaDeer
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Wishbon Aug 22, 2024
We tried to call BIL but he blocked our phones. He told my husband that he will leave the records but he never did.
i wonder if I called APS, will he have trouble ? I already called the police and paramedic to check on her. She is sound mind , but she needs insulin injections.
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