How to become Power of Attorney over someone else?

Posted in the Somerset Forum

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“What I Know and You Don't.....”

Since: Jul 08

Don't Worry About It....

#1 Jul 3, 2008
I have a situation and I am seeking advice. This morning, I received a call that my father had past away and like anyone, I was upset and sad. But later finding out, he wasn't dead but did die and was brought back to life. Well, the crazy part is that my dad's neice had went into his home and started cleaning it out, already made funeral arrangements, and the bitch is telling the police, doctors, landlords that I'm not family......Even though I have a will stating what he wants done. My question is, Can I get Power of Attorney over my dad, even though he is not in his right state of mind? Are there ways to over-ride that? Right now, the doctors don't think he will make it through the night, if not, then I have the living will to fall on. But if he does, then could I try to see about the PoA? Any advice?
The Realist

Hopkinsville, KY

#2 Jul 3, 2008
Do a Google search on PoA and research your options. Or (better yet) consult an attorney.
flitterflutter

AOL

#3 Jul 3, 2008
You can not become power of attorney. He would need to appoint you for that. You can become his legal guardian. You have to go to the courhouse and fill out a form. That starts the ball rolling. He will have to have three doctors examine him and testify in court that he is no longer able to tend to his own affairs. It sounds complicated but it isn't really.
Good luck!
Pam

Wayland, KY

#4 Jul 3, 2008
They have to be in there right state of mind. An Attorney has to draw it up and it has to be signed by your father. What has the niece got to do with it? If you have a will, you have nothing to worry about. If she has removed anything from the home, she will have to return it. Right now what is important is being there for your dad. It is a hard lose for anyone. You will be in my prayers...
Pam

Wayland, KY

#5 Jul 3, 2008
Oops, the POA is only good for while they are living. It only gives you permission to make decisions and such. Are you an only child? Is he married? If you are the only one, then there is no reason to have it, because ultimatly you have the final say so.

“What I Know and You Don't.....”

Since: Jul 08

Don't Worry About It....

#6 Jul 3, 2008
flitterflutter wrote:
You can not become power of attorney. He would need to appoint you for that. You can become his legal guardian. You have to go to the courhouse and fill out a form. That starts the ball rolling. He will have to have three doctors examine him and testify in court that he is no longer able to tend to his own affairs. It sounds complicated but it isn't really.
Good luck!
I can become a legal guardian even though he's not in the right state of mind? I would have to wait till next week probably since it's the 4th of July and plus if he makes it that long.

“What I Know and You Don't.....”

Since: Jul 08

Don't Worry About It....

#7 Jul 3, 2008
Pam wrote:
Oops, the POA is only good for while they are living. It only gives you permission to make decisions and such. Are you an only child? Is he married? If you are the only one, then there is no reason to have it, because ultimatly you have the final say so.
No, I'm not the only child, besides me, there are five others, but I'm the only one that is here is the state. And no, he never married, or to my knowledge he never did.
flitterflutter

AOL

#8 Jul 3, 2008
Yes. They will have a psychologist meet with him and then she will testify in court that he can not make his own decisions.
flitterflutter

AOL

#9 Jul 3, 2008
Now I have to ask...how could you not know if you father is married?
Pam

Wayland, KY

#10 Jul 3, 2008
hmmm. I am with flitter on this. How could you not know for sure? But regardless as his child you have the right. Unless they require the others as well. Not sure how that would work..

“What I Know and You Don't.....”

Since: Jul 08

Don't Worry About It....

#11 Jul 3, 2008
flitterflutter wrote:
Now I have to ask...how could you not know if you father is married?
Sounds crazy but my dad has been around. I have half sisters in California and Orgoen. They all have different last names except the one in Cal. But my mom and dad never married, they just lived together for a long time. Does that make sense?
Pam

Wayland, KY

#12 Jul 3, 2008
Gotcha. They may want to talk to all of his children together. but since it is the way it is, they may not b/c of travel time and such. I wish you the best of luck...
Pam

Wayland, KY

#13 Jul 3, 2008
And if he has a living will, that will work also. And it has to be the way he wants it. The hospital should have a copy of that, so that they know what your father wanted for his care. That you will not be able to go against. It is really no different that a POA as far as the healthcare. Just with his personal business and stuff. Was you listed as Executor of his Estate?

“What I Know and You Don't.....”

Since: Jul 08

Don't Worry About It....

#14 Jul 3, 2008
Pam wrote:
And if he has a living will, that will work also. And it has to be the way he wants it. The hospital should have a copy of that, so that they know what your father wanted for his care. That you will not be able to go against. It is really no different that a POA as far as the healthcare. Just with his personal business and stuff. Was you listed as Executor of his Estate?
Well see, that's the problem, the hospital don't have a copy and his neice went in and cleaned everything out. I talked to her on the phone and she says that he never had a will made up. But I know different because I seen i and have a copy of it. But lost it during the process of moving, but thank God that my other sister has one. She is going to get that to me in the mail. And as far as being the exacutor, nope because his girlfriend at the time, mantipulated him and had him to have her to be in charge of the whole process....but I know one thing is for sure, my name is on there.
Pam

Wayland, KY

#15 Jul 3, 2008
The will is for his posessions. Not his healthcare. Sounds like a mess that you are in. AS far as medical decisions, the only ones who make them if he is not able and no copy of a living will, then that would fall onto you and your siblings. The Attorney who done the will would also have a copy of it. They have to keep one in case one gets lost,so you may even be able to go that route.

“What I Know and You Don't.....”

Since: Jul 08

Don't Worry About It....

#16 Jul 3, 2008
Pam wrote:
The will is for his posessions. Not his healthcare. Sounds like a mess that you are in. AS far as medical decisions, the only ones who make them if he is not able and no copy of a living will, then that would fall onto you and your siblings. The Attorney who done the will would also have a copy of it. They have to keep one in case one gets lost,so you may even be able to go that route.
Yes, a mess indeed. I just wish that his niece would keep her nose out of i. But oh well,.....Thanks for the advice. I'm going to bed and will be sure to return tomorrow.
i am POA

London, KY

#17 Jul 4, 2008
An Insider wrote:
I have a situation and I am seeking advice. This morning, I received a call that my father had past away and like anyone, I was upset and sad. But later finding out, he wasn't dead but did die and was brought back to life. Well, the crazy part is that my dad's neice had went into his home and started cleaning it out, already made funeral arrangements, and the bitch is telling the police, doctors, landlords that I'm not family......Even though I have a will stating what he wants done. My question is, Can I get Power of Attorney over my dad, even though he is not in his right state of mind? Are there ways to over-ride that? Right now, the doctors don't think he will make it through the night, if not, then I have the living will to fall on. But if he does, then could I try to see about the PoA? Any advice?
I have POA over my brother who was in a bad accident. anyway, he I think your best bet would be to contact a lawyer. due to the fact he is is not at his "normal self" you can get the legal guardianship, however its alot of stress in itsself. you have to have drs do exams and all and its honestly a mess. I am sure you can do something but... to tell you what I am not 100% sure. If he passes before you get it done, you will have to excutive of his estate in order to do anything. but until its done everything willbe froze so you wont be able to do anything without it.
Hope it helps!
local nurse

Somerset, KY

#18 Jul 4, 2008
right now with things the way that they are you need your birth certifcate, to show you are his daughter. show it to the hospital and have them put you as next of kin. that way you will have a say so inform the hospital tat this is only a niece not his daughter. that her parent your sibing can have a ay so but not the daughter(niece) don't just tell a nurse make sureit is documented in his file. Inform the head of the floor of the issue at hand and infrom them that the iem of your fathers is missig they shold have alist of the things he had with him at the time of admittence in to the hospital. leave your # for his chart. With instructions to call you for any changes in his medical care. Inform th nice to return all things taken of your father's if she entered into his home and removed things than notify the polic dept that the things are missing and where they was taken from rather the hospital or the home. Inform them of who took it and how you know that this is what happened. Inorm them also about her tying to take over his meical care and her lying to he hospital staff by saying you are not his daughter. if you do not get thingsin writin about what is going on than your niece can file for legal guardenship as well stating that she has been the one taking care of your father and that you have not played an active role in his life and care and don't know his wishes. If you don't have a copy of his will by monday i would go to the attorney and get a copy. also have the hospital look he may have a living will at the hospital alot of older people have one done by an attorney and have it sent over to the hosptal when they do their wills.
Big Sister

Hazard, KY

#19 Jul 4, 2008
I was my Moms' POA when she became very sick. You will have to hire an attorney.
Lucy

Brownsville, TN

#20 Jul 4, 2008
Big Sister wrote:
I was my Moms' POA when she became very sick. You will have to hire an attorney.
You don't have to hire an attorney but it will speed the process up. If you don't want to get an attorney, there are papers you can pick up on the 3nd floor of the court house, speak to the woman up there and she will tell you what needs to be done.

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