Is there a court order requiring your mother to stay in a nursing home? I suppose a court order could provide for that but I've not seen that. If there is, in fact, such a court order, then the answer to your question is "no", your power of attorney does not "trump" the court order. However, you POA may give you the abiltiy to seek a modification of the order. I would also wonder whether a guardian has been appointed for your mother. If so, your power of attorney would not be valid against the decisions of the guardian. Guardianship matters are very complex and I recommend that you seek the specific advice of an attorney.
Answered on May 19th, 2016 at 8:53 AM