It states in my fathers Durable POA that if a guardian should be needed I should be appointed. How do I know if it's necessary?

Asked over 3 years ago - Akron, OH

My 78 yr old father has been losing weight, recently had his drivers license suspended yet continues to drive. He won't give up his keys, wont accept meal deliveries such as meals on wheels. He pretty much doesnt eat unless we're there with him. He also signed a new car loan for another family member, the car is in his name and he thinks that just because they're paying the loan that it's not his loan. These family members through out the yrs have had cars and homes repossesed and are always defaulting on contracts. I would just like to protect my fathers best interest and not have him get saddled with a huge car payment that he can't afford.I'mnot really sure what I can do exactly as Durable POA or If I should seek Guardianship

Attorney answers (1)

  1. Steven J. Fromm

    Contributor Level 20

    Answered . If you can not get control of his finances through the use of a DPOA, then you may need to seek a formal guardianship through the courts. You situation probably needs to be addressed through the courts and your concerns seem quite valid and serious. So get in touch with an estates litigation attorney who handles these matters in your father's state and county of residence.

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