Wow, probably got a novel ready for television here. I'm seeking durable medical power of attorney and financial power of attorney for my father, an 82 year old heart patient of 18 years with early stage dementia/Alzheimers. He's having a lot of health problems and currently is in the nursing home. Father raised my 28 year old son and grandson has repeatedly taken financial advantage of him. My brothers quarreled with my son, and he finally moved out, but not before plundering my father's cash and other possessions. I have a half-sister who is somewhat of a help, but isn't around all the time. I'm out in California, but I plan to move into the family home and try to manage my father's affairs. I have four brothers, who live in LA one of whom tries to help Dad but is facing burnout, and doesn't want power of attorney responsibilities. Our other three brothers are not doing much to help keep things going.My dad pays people to take him out of the nursing home and they leave him to wander off into the road in front of his home. What do I have to do to get these two petitions Medical and Fiancial Power of Attorney to a judge? My dad's safety, his house and property are at stake. I know he will object, but the situation is critical. Can I do it myself with an attorney's assistance? I don't have much money, my job is laying me off. Humble thanks for any help you can provide.
1 Answer from Attorneys
You don't have to go to court for a power of attorney. All you need to do is to have your father sign a power of attorney before a notary and two witnesses. Although he has dementia, he can sign a power of attorney, so long as he does so while in a lucid state. Once it is signed, it is good for the rest of his life (unless he wants a shorter term), even if his mental state deteriorates later. You should get him to sign one before his state deteriorates.
If he wants to make a will or a living will, he should also do that while he is still more lucid than not.
I can help you with the power of attorney, if you like. I can also notarize the document, if your father is in or near the New Orleans area.
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