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Old 05-28-2015, 08:16 PM
 
1 posts, read 966 times
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I need advice, my mother past away in Feb. She and my dad gave her son POA... He is trying to put my father in a nursing home. My sister and I was told that if we tried to get him out, we would be arrested. How can we stop this?? As far as we know, he hasn't be declared incompetent. can anyone help me ?
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Old 05-28-2015, 08:52 PM
 
Location: Kaufman County, Texas
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Dallas Elder Law Lawyer | Fort Worth Estate Planning Attorney | Medicaid Tarrant County
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Old 05-28-2015, 09:10 PM
 
Location: Richmond VA
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PoA does not give a person the ability to commit someone against their will. on the other hand, you can help move someone to a facility without it also.

Is your father competent to say what he wants? Is he competent to stay where he is now? I know the idea of a facility is distasteful to most of us, but is it possible that would be the best thing for him? Your step brother is not doing this lightly...it is a financial commitment. It is unlikely he is doing this with an ill intent. It may well be he thinks this is the right thing.

Another question would be, are you and your brother able to care for dad? If so, step up. PoA does not give your stepbrother full say over dad's care.

If you give us more details, we may have more advice for you, but I do recommend you find an Elder Law Attorney.
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Old 05-29-2015, 07:26 AM
 
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If your father is still competent, talk to him. Tell him that you would feel more comfortable if you or your sister were PoA (provided either of you is willing to take on the responsibility of caring for him). If he agrees, make it happen ASAP ... have him revoke the current PoA and establish a new one. If he doesn't agree, there's nothing you can do.

And your question might get better responses in the Caregiving forum. You might ask a mod to move it.
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Old 05-29-2015, 07:30 PM
 
16,235 posts, read 25,092,569 times
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Quote:
Originally Posted by TammyS0122 View Post
I need advice, my mother past away in Feb. She and my dad gave her son POA... He is trying to put my father in a nursing home. My sister and I was told that if we tried to get him out, we would be arrested. How can we stop this?? As far as we know, he hasn't be declared incompetent. can anyone help me ?
Putting someone into a nursing home is not like committing them. To put someone into a nursing home, there is usually a medical reason....you can't just decide to put someone there without a trail of medical issues. Since your Mom died, she was likely the person taking care of him.

How involved are you and your sister, that you don't know the medical issues going on with your Dad.

And, if your Mom and Dad chose the son....it is likely because they trusted him to make decisions. Best for you would be to talk to your Dad's Doctor's....He may need much more care than your Step Brother can provide, and it sounds like you and your sister haven't are or haven't provided either....

If there are reasons you far this decision, please share them so other's can provide responses that may help you.
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