If your mother is unwilling to cooperate, the DPOA will not be effective for placement purposes. The legal alternative to "force" her into a proper and safe placement would be to obtain Guardianship. However, before proceeding to Probate Court, I recommend seeking the counsel of an experienced elder law attorney in her area. Perhaps your mother would be willing to meet with an attorney to help protect her rights and to help make sure that her wishes are fully understood. Often we find that a parent is unwilling to listen to the child but may be quite open to having a professional make the same recommendations. In my experience, when approached in a way that her dignity and self-respect is maintained and honored, she may surprisingly agree to the needed changes. If not, or if she is determined by the attorney to lack capacity, then petitioning the Court for Guardianship is still an option.
