Legal Question in Wills and Trusts in Kentucky
what are the laws on power of attorney
what do my siblings and myself have to do to get power of attorney over our mother. my step father has taken her off of all of her medications and not getting the medical attention that she needs. her short term memory is gone. she needs to have a ct scan done but he will not take her for the test for alizhimers her doctor has ordered the test but he refuses to take her for this test he says that it is to expense but she does have insurance. we have talked to her doctor he has not taken her off any of her medications. we are very concerned about her and we need to step in and take care of her welfare we need to know our rights as her children. we also need to know about the living will laws. we are meeting april the 15th at her home and we need some information about these laws before we meet and confront him with this. she lives in lexington,ky and so do 3 of her children the rest of us live in different counties or states.we are very concerned about the care and the medical history of our mother. he says that he will not take her to another doctor. we have talked to her doctor and he has not taken her off any of the medications that she is suppose to be taking. thank you for your time.
2 Answers from Attorneys
Re: what are the laws on power of attorney
Having read Mr. Owens' reply, I would add that you should contact the Adult Protective Services office to investigate. This could possibly be classified as adult abuse. The County Attorney's office can assist with guardianship, but if your mother is still blessed with her faculties, she can designate you as healthcare surrogate, and also have a designation of guardian filed in the event that she becomes incapable of providing informed consent if her mental status deteriorates.
Sincere best wishes.
Re: what are the laws on power of attorney
Go see the County Attorney. There are specific procedures to follow here. A power of Attorney will not help you in this situation. What may be necessary is to file a petition to have your mother declared disabled. The County Attorney's office can assist you in this. A power of attorney is a voluntary act which can be signed by your mother but she can also revoke it at any time.
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