What’s Your Legacy?

Attorney Yvette E. Taylor

Question:

My Dad made me his POA (2008) in 2011 he had a stroke, nursing homes, now he is home.
He has dementia now. Last week had a violent episode with me. He has a heart defibulator and
out of fear he would get sick I asked my sister to come and take him with her. Now she does not
believe he has dementia or I was even attacked and is discouraging him from coming back to his house.
He is left home alone during the day in her 1 bedroom appt while she works and he is diabetic on 2 types of insulin.
I live with him and am also his caregiver but at this point he does not want me to care for him
he believes he can care for himself.
Legally what can I do as his POA to get him back to his home safe
environment or to an assisted living facility?
Answer:
The Power of Attorney does provide you with broad authority to act on your father’s behalf. However, he also has the right to revoke the Power of Attorney once given. If he is not in agreement with your actions on his behalf, it could become difficult for you to assist him.

If you do believe he is incapacitated, you may have to go through the more formal process of Guardianship to accomplish your goals. This would require you to be able to demonstrate to a court that your father can no longer handle his affairs. This will have to be supported by physicians and other experts. You will need an attorney to assist you in this process if you believe your father’s incapacity can be documented.

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