Power of Attorney for Father with Dementia

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Latest post Mon, Apr 3 2017 9:15 PM by karen2222. 5 replies.
  • Mon, Apr 3 2017 9:45 AM

    Power of Attorney for Father with Dementia

    How can we go about getting Power of Attorney for our Father with Dementia?

    Also, How can we get a sibling out of his house that his lets stay from time to time that causes trouble and he don't remember that he tells us that he don't want her here after she filed a report of I believe it was Elder Abuse on us? It upset him.

  • Mon, Apr 3 2017 9:47 AM In reply to

    • DOCAR
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    Re: Power of Attorney for Father with Dementia

    He may not be competent to sign a power of  attorney, so your best bet may be a court guardianship

  • Mon, Apr 3 2017 11:37 AM In reply to

    Re: Power of Attorney for Father with Dementia

    How would we go about getting the court guardianship?

  • Mon, Apr 3 2017 11:43 AM In reply to

    Re: Power of Attorney for Father with Dementia

    dolphin61164:
    How can we go about getting Power of Attorney for our Father with Dementia?

    You can't.  If he has been diagnosed with dementia, then he lacks the capacity to execute a power of attorney.  You can, however, petition the court to order a conservatorship.

     

    dolphin61164:
    How can we get a sibling out of his house

    If a court appoints you as your father's conservator you can do this.  Otherwise, you cannot.

  • Mon, Apr 3 2017 11:47 AM In reply to

    Re: Power of Attorney for Father with Dementia

    In California, a guardianship for an adult is called a conservatorship.  Any sort of "how to" guide is WAY beyond the scope of an internet message board, but the process begins by filing a petition pursuant to section 1800, et seq. of the Probate Code.  It is NOT a good DIY project.  Consult with a local probate or elder law attorney.

  • Mon, Apr 3 2017 9:15 PM In reply to

    Re: Power of Attorney for Father with Dementia

    dolphin61164:
    How can we go about getting Power of Attorney for our Father with Dementia?

    Others here have said that his having dementia means he does not have the capacity to sign a valid power of attorney, but that is too categorical.  Dementia is a continuum, and the cutoff point where someone with it is considered incompetent to sign a valid power of attorney is NOT at the point where he or she first begins to show the signs.

    Given that there is at least one person likely to challenge any POA your father gives you, I think you'll be wise to hire an elder-law attorney (in his state) to help you with this.  An experienced elder-law attorney may be able to advise you, after meeting your father and talking to him for a while, whether he seems clearly capable, clearly not capable, or close to the line dividing competence from incompetence, and can probably advise you on what steps you can take to clarify the issue, such as getting one or more doctors' opinions.  If it's a go (if your father is still sufficiently competent), the lawyer can also write up a good POA that gives you the powers you will need.

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