I care for my disabled father full-time w/o help from sister.
I provide full-time care for my father who is disabled from a stroke. my sister lived with him for years, but when he got ill she put him in a nursing home against his wishes. I put my home for rent and moved in with him to care for him so he could come home. my sister forged his name for poa and canceled his bank accounts. she has access to his checks and doesnt buy medicine, medical supplies, groceries, or any thing he may need. she gives me only enough to get by and spends the rest of his money on her. she has ran up $10,000 of credit in his name. How do I revoke her poa and become poa or guardian? she has his ss card and picture id's so how can I have anything notorized. how do I tell the ss office and his company that handles the pension that he doesn't want his checks going into her account? He isn't always in his right mind and his doctor signed forms saying he is incompetent, but that was signed 3 mos ago. Thanks.
3 Answers from Attorneys
Re: I care for my disabled father full-time w/o help from sister.
Is there an actual power of attorney for property form that your sister forged and is using? Gather and keep track of all the facts and evidence that you can. You will need to apply to the court to become guardian of your father's estate and have the poa declared invalid. Unfortunately this is not an east process and may be costly and time-comsuming. If your sister's conduct is as egregious as you indicate, the court may award you costs and fees as well to be paid by sister.
If you need assistance, feel free to give me a call at (847) 991-2250.
Re: I care for my disabled father full-time w/o help from sister.
You need to apply to the circuit court for the county in which your father resides for an order appointing a guardian for your father. The guardian appointed for your father can sue your sister for her misconduct. I would be happy to meet with your to discuss your options. Call me if you want to meet. Larry Stein, (630) 221-1755.
Re: I care for my disabled father full-time w/o help from sister.
Action is possible. You have to decide to do it. Contact an attorney in your area.
You can have your father declared disabled. You'll file a petition to do that, and to appoint you guardian. Your sister will get notice. If she appears to contest your appointment, you'll fight it out at that point.
If she does not appear and you are appointed, you can then send notice to all check issuers and banks to direct them to a new account, accompanied by your certified letters of office.
You will then also have authority to begin suing her to recover funds.
Be prepared for a fight. My guess is that it will come early in the process.
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