Q: My mother signed a durable POA and a health directive just six weeks before two Drs declared her incompetent in 2016. Her agents are also her trustees. Isn’t her trust now irrevocable? These two, my siblings stuck her in a home against her wishes prematurely and are now abusing their responsibility, claiming they can as POA make trust changes and do not have to give an accounting either. Mom also signed on the directive that the agents can’t be questioned by anyone. This is horrible. Her symptoms are mild. They are acting directly against her wishes. Her trusted attorney I used to talk to has passed. I am prohibited from acting as trustee, but I have two petitions filed in pro per. I think the facility she is in is not properly licensed for her health needs. Can I file ex parte for a guardianship just related to her health and placement? I can’t afford an attorney. They have trust funds for theirs. (Oil City, PA)

A: How was she declared incompetent in 2016 and now just has mild dementia? Normally it is reversed. However, mild dementia normally does not render someone incompetent to make decisions that affect their life and to sign important documents. I would consult with her physician as to whether she is now competent. If she is competent, she can act on her own, and revoke the POA in writing. Once done, she can fire the two Agents on the POA, your siblings. As to whether the POA allowed your siblings to make changes to a trust, that is dictated by the language of the POA. Under the new POA statute, effective 1/1/2015, that power must be specifically granted in the POA document-the power to alter trusts. Even if the POA was written prior to the new statute and therefore grandfathered in, the POA should have some language authorizing such power. There are many issues here and I strongly suggest you seek an attorney to consult with. If the attorney advises that your actions may have merit in court, the attorney may be able to be paid from your mother’s funds.