Legal Question in Elder Law in Pennsylvania

Who has the right?

My brother is my dad's POA, mother has chosen a daughter for her POA. Dad is 90 Mother is 88. Does mother have the right to put Dad in a County Home? She has no POA over him. They still lived together until she did this to him yesterday.There are 7 kids in the family,mother booted all of us out except for 1 and she has caused so much trouble in the family. She did'nt come around for at least 20 yrs, and mother broke her hip then this sister came and took over everything.Now they are taking my brother to court so mother can get POA on Dad because Dad's out of the way now.We are all in our 50's and 60's. We were not told they were doing this. We found out today by my Dad's so called attorney.Dad had his attorney and mother had her own. Dads was more for mom than he was for dad. I need to know the answer real quick. Thank You


Asked on 1/19/05, 11:12 pm

1 Answer from Attorneys
Marc V. Taiani AAAL - Allegheny Attorneys At Law

Re: Who has the right?

First of all what specifically does the Power of Attorney allow for as it relates to your brother / father relationship? It seems to me if the POA is limited then no one will be able to force your dad into a nursing home without a Guardianship over the person (that being your dad), unless of course your father agrees to go to the nursing home.

In order to obtain a guardianship you will require court approval. I recommend you retain an attorney as soon as possible.

My office also offers flat rate pricing and free consultations, for additional information please visit my firm's website at www.AlleghenyAttorneys.com or by calling my office at 412.731.0865.

Sincerely,

Marc V. Taiani, Esquire

AAAL - Allegheny Attorneys At Law

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Answered on 1/20/05, 10:21 am


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