Legal Question in Wills and Trusts in Pennsylvania
My father who is 75 is taking care of his aunt who is 95 and has alheizmers. He has been taking care of her for the past 20+ years. She has alheizmers BAD and goes in and out often. My father would like to put her in a home, but she refuses to go. My father would like to do a Power of Attorney, to be able to have access to her bank accounts, but she will not sign willingly, and the fact that she is not in her right state of mind as well. Is there anything my father can do to get a Power of Attorney for her. She does not have any children.
2 Answers from Attorneys
Your father would need to become her court appointed, legal guardian. Her condition sounds like she is incapable of executing a valid power of attorney. Her doctor would have to give a definitive answer regarding her mental capacity.
Jim Ruggiero
James J. Ruggiero, Jr., Esquire
Ruggiero Law Offices LLC
"Helping you Protect Your Family & Your Assets"
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I cannot discuss your father's legal problems with you for ethical reasons. A power of attorney will not work. Your father needs to see an elder care or health law attorney who can assist him in obtaining guardianship over the aunt.
There are two kinds of guardians and it sounds like the aunt needs both. A guardian of the person can make health care decisions, like consenting to medical or mental health treatment or admitting the person to a nursing home. A guardian of the estate is someone who has control over the money, bank accounts and other assets of the person.
A word of caution - once your father gets guardianship over the person, when he admits her in a nursing home, he need to make sure that he signs in his name and adds language to the effect that he is the guardian for his aunt. He can discuss this with the attorney he retains, but he wants to make sure it is done right so he is not personally responsible for the bills.
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