How to get mom out of nursing home?

Q: My mom was placed in a nursing home by a nephew who has power of attorney over her. She has been in the nursing home for 7 years and 7 months. I have been a personal care professional for 20 years. I ‘m capable of caring for my mom. (Clairton, PA)

A: If your mother has capacity to decide where she should live, the only authority needed for her to move in with you, is hers. She can move wherever she wishes, and, she can revoke the old POA in writing or with a new POA. If she has no capacity to make decisions and is incompetent, you will need to override the POA by being appointed her guardian in court. You should review all of the facts with local counsel to see if this is advisable, given all of the facts.

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