My father was recently diagnosed with dementia and my mother whom he is married to is having a difficult time handling all his affairs. My siblings and I agree it would be beneficial to be able to take over so we can better assist in finding our father the care he needs. We would also be able to be more hands on with things in regards to his treatment/placement and medical expenses. Most times we find our hands are tied and our mother is overwhelmed at dealing with all the the capacities involved. Is she automatically given the right to make decisions for him and can she sign that over to us or would we need to go through a hearing? We are just trying to make sure all needs are met in a timely manner.
If your father has legal capacity to contract, he can sign a Durable [Financial] Power of Attorney. With a lower legal capacity, he can sign a Medical Power of Attorney. If he has a lower level of legal capacity, you may need to apply to the court for a conservatorship of his estate or a guardianship of his person. Note that his spouse has priority. You may want to consult a local elder lawyer, using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)
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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