Aunts controlling grandma because they have POA. My grandmother has recently been having episodes of not remembering where she lives and being really irritable. These episodes last all but 10 minutes then she is fine. My grandfather passed 10 years ago of cancer and the only times my grandmother has these episodes is when the anniversary of his death approaches. Which happened to be 3 weeks ago. My two horrible aunts now based on two freak out episodes have self declared her "crazy"! My younger sister lives with her and has been for the last 3 years. My aunt wants to force her out of her room keep in mind there are other rooms in the home she could move into but she wants hers. Her reasoning is she has power of attorney over my grandmother and can legally kick her out of her room. And if my sister refused both my aunts have threatened to have her ordered mentally incompetent and put her in a nursing home. Can they do this? My grandmother aside from her "2" episodes is perfectly fine she can cook clean maintain her garden. Knows all her grandkids. My aunts are jealous because my grandmother favors her grandkids but we have always been there for her and aren't interested in her money or home we just want what is best for her! Is it wise to go behind their backs and seek legal advice and take her to the doctor ourselves and see what they have to say? Can my grandmother appoint one of her grandchildren her power of attorney? I love my grandmother her money means nothing! Please help!
First of all, though, Txc is quite right about what your grandmother can do: provided she is mentally competent she can annul any existing POA and appoint anyone else she pleases. The burden of proof of her incapacity would be on your aunt: that is to say, to enforce her POA, your aunt would have to get qualified professionals to certify that your grandmother is no longer of sound mind. She's not going to get that to happen if your grandmother is mentally fine except for brief periods when her mind is on other things.
Back to the hobby horse - it's where you say "Her reasoning is she has power of attorney over my grandmother…" etc.
I would like this engraved on the heart of anyone who agrees to act with power of attorney: the power you exercise is NOT over the person who gave it to you, it is on behalf of that person. You act for them. You make decisions for them. You serve them. They have given you the power to act on their behalf, in their best interests. They have not given you power "over" them.
I'm going to say this, too. Neither your sister nor your aunt is acting in your grandmother's best interest by having a childish spat about whose bedroom it was first or who has lived there longer or who loves your grandmother best. This is ridiculous: you've pointed out that either or both of them could easily be accommodated in the home, yes? So knock their heads together and tell them to cut it out - your grandmother can't need this kind of thing going on in her house.
Your grandmother, if she is "of sound mind", meaning that she knows what she is doing and isn't coerced, can appoint ANYONE power of attorney over her financial and/or medical affairs. She will have to appear, at the very least, depending upon the laws in your state, before a notary, who will ascertain her mental acuity, and there will need to be witnesses who will never benefit from any decisions made by the power of attorney. Friends and neighbors come to mind.
If it can be proven that you or your sister swayed her mind, it can be challenged.
I don't think having POA means your aunt can kick your grandmother out of her bedroom into another one, but think about it for a minute, all emotion aside. Would the other bedroom be a better fit for grandmother? Or, did I misread and you meant kick your sister out of her bedroom? If the aunt moves in, if I was your sister, I'd move out anyway. It wouldn't be an easy situation to live in.
It isn't easy to have someone declared mentally incompetent, so that might just be an empty threat, made in the heat of the argument.
After things cool down, the aunts may do nothing and all will be okay. Fingers crossed.