My father and his wife are 76 and 86. I am an only child and already have durable power of attorney for finances/property and health care. I want to move from Virginia to Wisconsin to live with them in their home to help them. My stepmother has said she could use the help, but my father is very independent and stubborn and doesn't want me to move in. Since it would be in their best interest to have me there, can I go ahead and move in with no legal problems?
1 Answer from Attorneys
Powers of attorney are certainly a good idea for anyone who is caring for an elderly relative. However, they do have their limitations, particularly in situations where the parents are no longer cooperative; in which situation you may need instead to petition the court for a formal guardianship. Guardianships, however, also have their shortcomings since all flexibility ends due to a guardian needing to get approval of the court in advance of carrying out many of their duties. I cannot advise you regarding your particular power of attorney since I have not read it. Some such documents grant the ward the ability to fire the POA ("Attorney in Fact") at any time. Additionally, WI recently passed extensive modifications of its power of attorney law and instituted new standardized form documents. You would therefore be wise to consult with an experienced Wisconsin estate planning attorney before you make any moves relating to your parents. My comments here are intended to apply to similar situations commonly faced by many, but not particularly to your case, and are offered for public education only. You should therefore consult with your own lawyer or consider retaining one. Since I am not yet your attorney, I will not be taking any action on your case unless you retain me. Disclosure of confidential information in a public web forum is not recommended and is always subject to possible use against you later, in court. You are welcome to contact with further questions at my Racine, WI office at 262-633-3090, or email me at [email protected]. See me on the web at www.jayknixonlaw.com. Also see over fifteen hundred of my past answers arranged by topic at http://www.lawguru.com/answers/search/attorney/jknixon. Web forum answers may contain attorney advertising materials.
Related Questions & Answers
-
Is it possible in Brown County WI for a caregiver who isn't the guardian, but the WI... Asked 7/01/12, 12:48 am in United States Wisconsin Elder Law
-
A co-worker falsely accused me of abusing the elderly which isn't true. I think I... Asked 7/22/09, 7:55 pm in United States Wisconsin Elder Law
-
Life estate trusts we are considering a nursing home for my mom and wonder what... Asked 6/22/09, 2:23 pm in United States Wisconsin Elder Law
-
Medical POA versus Financial POA My mother has selected one daughter to me medical... Asked 6/12/09, 3:15 am in United States Wisconsin Elder Law