My brother has power of attorney of my father but he has taken my fathers money for himself and has neglected my father. Can I ask for guardianship of my father as my father has dementia and cannot make decisions for himself.
Yes. If your father lacks legal capacity to manage his finances, you can ask a court to appoint you as his guardian. Guardianship trumps a power of attorney but is usually not awarded if there is an honest agent under a durable power of attorney.
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.
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