Legal Question in Elder Law in Mississippi
My Father's Ability to Usurp a Potential Conservatorship
My parents live in Mississippi where one of my brothers also lives. My father is afraid my brother in Mississippi may be attempting to obtain conservatorship over him and my mother. My mother has Altzheimers and my brother has said that a doctor in Mississippi has diagnosed my father with senility. I've not talked to this doctor and no one else in the family was aware of the testing performed. Plus my father has NOT been informed of this diagnosis. My brother has mentioned, he fears my father cannot take care of my mother or himself. The rest of the family believes my father still has the capacity to handle his affairs and take care of my mother. He does manage his finances and does ensure my mother takes the necessary medications needed for her illness. My father wants to usurp any potential plans my brother in Mississippi has of pursuing conservatorship by giving power of attorney to myself and/or another one of my brothers. Can we stop the conservatorship, if my brother has already started that course, since he is in Mississippi, where my parents currently live and we are in LA? Will a durable Power of Attorney supersede? Should my father establish an estate plan and how much money does this normally cost?
1 Answer from Attorneys
Re: My Father's Ability to Usurp a Potential Conservatorship
A conservatorship take priority over a durable power of attorney. However, he might consider using an irrevocable trust. He should consider obtaining his obtain his own medical evaluation, start a journal of his daily activities, and identify witnesses who would be useful to show that he is well capable of taking care of his wife and himself. He should bring the family together to give assurances of his abilities and arrangements in the event he becomes unable to take care of himself. He should also obtain the assistance of an attorney, and have the attorney review his financial matters, will, contingent durable power of attorney, and medical directives, if any.