Legal Question in Elder Law in Pennsylvania

elder law

my father is in a facility in Florida,I'm in PA. My brother has Poa. father wants to live with me. Can I legaly transfer him to PA without my brothers consent?


Asked on 6/22/09, 9:26 am

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: elder law

You asked about moving your father.

A power of attorney does nothing except grant the grantee the power to act in the stead of the grantor. It does nothing to exercise dominion over the grantor.

In other words, as long as dad is competent to make the decision he can move wherever he wants. Even if he's not competent someone would have to have him declared incompetent, and obtain guardianship, in order to prevent the move.

Sounds like now is a good time to consult an elder law attorney and discuss rearranging your father's arrangement. If he's moving in then you probably should have the power of attorney.

Regards,

Roger

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Answered on 6/22/09, 3:46 pm


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