The gf sold his house and had him move in with her for a few years until she had a medical emergency. I knew he was bad mentally when the house was sold but wanted to let them stay together so I didn’t push the issue since he was happy and cared for. When I asked to get a look at his finances she became defensive. My dad was not of sound mind signing the POA and now I’m trying to get him released to my care. My sister was all for it until her ego was bruised, but now says she won’t allow it. We are now estranged and I don’t know how to proceed to get him home with us. I am blessed to be set up fairly well to care for him in a secure environment with support. I am not being compensated but think I can improve his quality of life. What would you do?
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Who has POA, the GF? Actually, if she is doing the caring for him, she should have it. Being his daughter does not give you the right to look at Dads finances. If a Will has been drawn up recently, I may check into that. If he was declared incompetent to make informed decisions he should not be assinging POAs or making out Wills. I would consult with a lawyer to see if you have the right to ask for an accting of Dads money. And ask about legality of the Will and POA.
When Dad passes, you can always contest the accting of the Will.
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Take what evidence you have and have a consult with a certified elder law attorney who can give you proper guidance for your father's home state.
An unsigned will isn't worth the paper it's written on. Anyone can change their will at anytime, so the fact that he wanted you to have POA 10 years ago means nothing.
I see from your profile that your Dad has Alzheimer's/Dementia, thus he shouldn't be signing any type of legal document. I am surprised that the Notary [hopefully there was one] didn't refuse to notarize the document. Now if your Dad was signing his Will, State usually require a certain number of Witnesses plus a Notary. I would think said Witnesses would have refused to sign.
Sounds like it is time for your to talk to an Elder Law Attorney about this situation, quickly.