Tearing up someone's photos: Criminal Misdemeanor? and Power of Attorney Question

[sunspirit99]

I have a friend (Mark) who has an exwife (Lydia) that is very vindictive and hateful. She works as a nurse where Mark's mother is hospitalized. The mother has had dementia for years. The only way she would agree to go in to the hospital in the first place was to have the exwife be given power of attorney over her affairs. This was the only way she would go in, so there was no choice in the matter. The problem is, Lydia is just as hateful as ever, and says she will not let them perform any resuscitative actions on the mother, she will just let her die. Well, the two sons do not agree to this. If the operation was as simple as removing the blockage, why not be allowed to do that? She would have a lot more time to live in that case. The mother's dementia is under control and she knows who she is speaking to, so there is no reason to let her die.

So Mark and Lydia got into an argument over that, Lydia stating she would let his mother die, and Mark tore up some personal pictures (of her and Mark's mother) in her hospital room over his frustration. He is powerless to change that decision, as she has power of attorney over his mother.

Question #1: What can he do about this? He is currently trying to get power of attorney, but the process may take too long.
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The other problem is, Lydia has a new boyfriend who is a local police officer. She is threatening to have him arrest Mark for tearing up the pictures, which have no real value other than sentimental value.

Question #2: Can she do that? Is that actually a criminal charge?

[Citicop]

Yes, it is a criminal offense to damage or destroy property that is not yours without the permission of the owner.

If Mom's dementia is under control, and she is lucid, then she can choose whomever she likes to have power of attorney.

[Sgt. Slaughter]

Charging a crime and getting a conviction are 2 different things. While a lot of cases & crimes are/can be pretty cut-and-dried, a prosecutor may not follow through with the charges. It, unfortunately, can vary from one state/county/city to the next.

But, if her new cop boyfriend is smart, he'll stay out of it.

[mcsap]

If she didn't make such a decision whe of sound mind, it can be challenged in court.

[retdetsgt]

It's not that hard to get guardianship. Get a lawyer tomorrow. If the boyfriend gets involved, he's an idiot and is putting his job at risk.