QUESTION
Is it possible to force my fathers wife to allow me to visit him?
Asked on Jul 25th, 2023 on Wills and Probate - Colorado
More details to this question:
My fathers 3rd wife has poisoned his mind against me because I acquired a court order giving me and my brother medical poa to get my dad out of an assisted living home in Colorado Springs where he told me he was miserable. He was in the early stages of dementia but was still competent. Through the court order we got my dad moved back to Aspen into his own home with 24/7 care. When our 60 day court order expired, the judge ordered his 24/7 care continue with a court appointed person who would monitor his well being every 30 days. Since then I have not seen or talked to my father because his wife who now has poa over everything won’t allow it. That’s been since Nov 2020. My father is almost 95, in last stages of dementia and I want to see him before he passes. Can u help me?
1 ANSWER
It's a little hard for me to tell exactly what has transpired here. From what you've said, it sounds like your father needs a conservatorship and guardianship, to look after both his financial and business affairs, and his health and daily care. I'm not clear on whether the existing order puts his wife in that position? If not, and you were to ask the court to impose these protective orders, they would supersede a power of attorney. In any event, the court could hear an objection by you that you are wrongfully being kept from your father by his wife. Basically, it sounds like to you need to go back to court, either for this purpose, or to have yourself appointed as guardian or conservator, or to obtain an order that you be allowed to visit your father.
Answered on Jul 31st, 2023 at 8:49 AM