My husband is the sole surviving family of his Mother. His dad died in 2018 at age 92 and his only brother died young in 2014. All the legal paperwork is in place...Durable POA, will, etc. Last month, my MIL (who is 92) elected to have a hysterectomy due to uterine tumor and cancer. She is on hormone therapy for the cancer. She went thru the whole ordeal alone because of Covid. And because she lives in a retirement apartment building, she has also been under lockdown. My husband stayed in close touch with her doctors and surgeon, the hospital and management at her community. She lied to her surgeon (told him she no longer drove, but she does) and when she was sufficiently "recovered" she broke the rules and drove herself to Walmart to have her hair done and do some shopping and she drove herself to a doctor appt. (The community insists that THEY arrange transportation to keep residents safe from the virus.) She was severely reprimanded by management and quarantined to her apt for 2 weeks. She was so mad at my husband for checking on her condition and treatment with her surgeon, and for tipping off management that she was going to go out and about as she pleased, that she told my husband to stay out of her business, that she was independent and could do what she wants to. So my husband has basically left her be.
She is a narcissist and a liar. She has alienated everyone (including 2 grandchildren) and no one will help her shop. We do order things she needs on Amazon and have it shipped directly to her but that is all. She broke the rules yet again 2 weeks ago and was quarantined again.
As she has told my husband to stay out of her life, how much responsibility does he have for her if she gets kicked out of her place? She forbids him to speak to her doctors or management any more. The surgeon had indicated she probably has a year to live as the cancer will return and spread and they did not get it all in surgery. My husband had previously asked all her doctors if she can still safely drive and they said yes. But this will probably change as the cancer spreads. If an elderly person insists their only child stay out of their life, is it okay for the child to accept that at just let things happen as they will? We will no longer celebrate holidays with her or visit her as she is shutting her son out of her life in every other way. (And with Covid we cannot anyway.) If management calls and says they are kicking her out, can my husband tell them he is not responsible anymore per her wishes?
I know some may comment on this unauthorized trip as being somehow "inconsiderate" of others. Maybe so. But I see it as a desperate attempt at survival by a woman who is not willing to give up yet one more shred of normalcy.
If she is independent and gets evicted, she will need to find herself another place to live.
She sounds like a difficult person who makes life harder for herself. I'm not sure I would resign as POA; if she only has a year left to live, that POA is going to be needed to arrange Hospice and other services not to far down the road.
Is your husband familiar with the concept of setting boundaries?
She made the choice to put her living arrangement in jeopardy and to alienate the only family she has left. She will surely regret it when she's on her deathbed with no family around to hold her hand, but she made the choice.
Your husband cannot simply say he is no longer responsible for her. He CAN resign as your MIL's Durable POA but check the original power of attorney document for any specific resignation instructions you must follow to avoid problems later on. Write a letter, include the date the power of attorney was signed, the full names of the agent and principal, a statement that indicates you're resigning, and the last day you will act as an agent. Take the letter to a notary public. Sign and date the letter in front of the notary and ask her to notarize your signature.
Make copies of the resignation. You need a copy for your records, copies for any other agents named in the document, and copies for all places where you had the power of attorney on file, such as the principal's bank.
Send the original resignation letter to the principal by certified mail, return receipt requested. Send copies in the same way to all places that had the power of attorney on file and the other agents. Keep your copy and the mail receipts together in a safe place.
Speak to your MIL before sending the resignation letter if possible to give her time to find another agent.
Send notice of your resignation to the alternate agent if one was named in the original power of attorney. Consider acting until the alternate can take your place to prevent harming the principal.
https://pocketsense.com/how-to-resign-as-power-of-attorney-12717398.html
I would level with this MIL telling her she may be on the verge of getting kicked out of this facility due to frequently breaking rules. You will not take her in hopefully so she will then have to figure out on her own where she will live. Maybe this will hit a nerve. I think whichever of you communicates with her make this an absolute situation. I imagine she could possibly danger your healths with her going out and most likely not adhering to general Covid restrictions that most of us are facing,unpleasant and tiresome as they are and linger on with no clear end in sight. Yet we comply if we want to leave our homes for various needs.
It sounds like she is still independent, so he should probably back off. She will get herself into trouble, which would be her own problem to resolve. IF it comes to the worst, getting kicked out for not abiding by the rules, she may need help getting a new place and moving, but in the meantime, it sounds like she is in charge and should be left to her own devices and wishes.
It stinks when all we want to do is help, but it is rebuffed. He means well, but she sounds very head strong, so he should just lie low for now.
While she may have verbally told him he is forbidden to do whatever he was doing, unless she actually revokes the POAs, they are still in effect. She would have to revoke them in writing. I wouldn't tell her this, let her think she's got her way! Somewhere down the road he may need these documents in place and if she gets dementia, she won't be able to assign POAs again.
As for that sentence of 'will no longer celebrate holidays with her or visit', that seems a little extreme to me. Don't discuss her situation or act as though you are trying to make decisions - but do include her for the last holidays of her life.
only (is this legally enforceable?) and friends and family are NOT allowed to visit. All planned social activities have been cancelled. The dining room is closed (food is delivered to our apartment). We have had a solid six months of this!
To make matters worse, someone puts up posters, supposedly from "residents" stating how grateful "we" are that they (the management or employees, I guess) are "keeping us safe". There is even a little tree in the lobby to which we can attach thank you notes. I don't know who is doing this, but it just feels like outright manipulation to me. If I'm grateful (which, admittedly, I'm not right now) I can thank someone personally.
I was an R.N. for 30 yrs. Saved lives because it was my job, never considered it "heroic"!
So if your mom gets "kicked out", don't rush to her aid. She is independent. Allow her some dignity. I don't mean to leave her stranded, but it wouldn't hurt to let HER ask for help. That's what independent adults do.
I have family that will manipulate people into offering help and you can be sure they will say that they never asked you for anything, you offered. I don't offer anymore, need something? Ask!!
I am in the same predicament. My 96 year old mother lives alone in her house. She doesn’t want any help. She doesn’t drive but takes call a bus wherever she wants to go.
Last week she went to the laundromat. She does things HER way. I leave her alone. I visit once a week as her daughter not her caregiver. My son goes over twice a week to bring in the mail and take out the garbage.
Leave MIL be!!
(I would take the car in for "service" and not return it for a good long time..until she can follow the guidelines of the facility and not put others at risk) And actually the facility should do a better job of monitoring the residents.
Your husband can respect her wishes to be left to her own devices. It is difficult as I am sure he wants to "protect" her and keep her safe. She is dying and it is difficult to accept that.
She is thumbing her nose at the cancer by not letting it control her and what she does. Here your husband is trying to do that very thing. So she can tell him to leave her alone...but she can't tell cancer the same thing.
I have to give her props for not giving in but she should realize that she is in a double category for catching any little "bug" that comes her way. She is older, and imuno compromised.
I think you are doing a good job. Your husband has the needed work in papers at the ready. He is doing as he feels he must (I think I would actually step away; I would think residents will report her going out and exposing them to problems quickly enough). She has seen herself through her own treatment. She will either pass in the allotted time or go on forever. Who can tell.
I think you will know for certain when you have to step up/step in, but I think she will never accept help and any move would be a terrific struggle. I would leave it be. I think you all, in your own ways, are doing great (or as great as it can be given the present circumstances).