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If I have Durable and Medical Power of Attorney and I feel as though my parent should be in a nursing Home what can I do?

Albany, GA |

My father is a Stage 4 Lung Cancer patient who was under Hospice care. A person who is no relation to him came and got him with out my consent, but my father is sometimes not in his right mind. He left to go with him to another state where both of them had live, but I feel as though my father should be put in a nusing home for better quality of life. This person is taking advantage of him with his money and everything what can be done?

Attorney Answers 2


  1. If your father is competent and able to make medical and financial decisions for himself, then under the law he can do so. But if you are concerned that he isn't capable of making decisions then you have the authority granted to you under the Power of Attorney documents to make decisions about his health care and finances (read the documents to see what authority you really have). Unfortunately in a case like this it is still sometimes necessary to go to the Probate Court in the county where your father is and ask the judge to appoint a Guardian (for personal and medical decision making) and a Conservator (for financial decision making) for your father. Then the designated individual(s) would have the authority to get the medical care and pay for it on your father's behalf. You may wish to consult an attorney for more specific advice regarding your specific situation.


  2. If your father is competent and able to make medical and financial decisions for himself, then under the law he can do so. But if you are concerned that he isn't capable of making decisions then you have the authority granted to you under the Power of Attorney documents to make decisions about his health care and finances (read the documents to see what authority you really have). Unfortunately in a case like this it is still sometimes necessary to go to the Probate Court in the county where your father is and ask the judge to appoint a Guardian (for personal and medical decision making) and a Conservator (for financial decision making) for your father. Then the designated individual(s) would have the authority to get the medical care and pay for it on your father's behalf. You may wish to consult an attorney for more specific advice regarding your specific situation.