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My dad has filed for power of atterney of his wife whom ha dementia. A daughter has filed against this what rights does she have

Medford, OR |

My father has taken care of his wife for many years even with the dementia he is a loving husband whom adores his wife this daughter wants power of atterney how can she obtain this when she hasn't even been around for any of her care through all these years

Attorney Answers 4

Posted

It sounds like perhaps the husband/father has filed for guardianship? You do not "file" for Power of Attorney. The principal, in this case the wife/mother, would sign a POA form GIVING POA. Since she has dementia, she may or may not have the necessary capacity to execute this form. That may be why guardianship proceedings are necessary. When such proceedings are contested, it can be very expensive and contentious. A probate attorney can be very helpful in such circumstances.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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Posted

Thank you so much I appreciate your time for answering my question. It will be expensive for my father. : ( He will have the temporary gaursianship until the judge makes his decision. Thank you so much again.

James P. Frederick

James P. Frederick

Posted

You are very welcome. I hope that things work out. I guess this is a good (but expensive) wake-up call. It sounds like time for your dad to visit an estate planning attorney, as well, so you do not need to worry if something happens to him. Best wishes to you and your family!

Posted

I agree with attorney Frederick.
It appears the your father has filed for a
guardianship for your mother and the daughter is contesting.
The daughter has very limited chances if your dad is competent
and she has not been involved in mom's life.
Dad is most likely represented by an attorney that will take care of this.
If dad has obtained a POA document and mom was not competent to sign-different story and answer.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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Posted

This is the case and dad is completely competent. Thank you so much for taking time to answer my question, my dad has attorney and no power of attorney over mom is in place, it is before a judge because of the dementia. I know this process can take up to several months. Thanks again

Diane L Gruber

Diane L Gruber

Posted

If his wife had signed a Power of Attorney BEFORE she had significant dementia symptoms, your father could have avoided this trip to court, etc. Comprehensive estate planning would/should include financial power of attorney as well as medical power of attorney (Advance Directive). Best wishes.

Posted

This sounds like a hard situation for your family. I think I need a little more information. Does anyone have power of attorney over your father's wife right now?

Generally speaking, a power of attorney is a document that your dad's wife would have filled out, appointing someone to be able to manage her finances. This is not something that requires the court's involvement.

Do you know if your father's wife's daughter has filed something with a court, asking to be able to make financial decisions for your father's wife? It might be that she has initiated conservatorship proceedings with the court. A conservatorship can be established when someone is no longer financially capable and needs someone else to manage their finances.

I would recommend that your father contacts an attorney in your area, who would be able to tell him his legal rights and options.

I hope that this helps!

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Posted

Would like to thank you for your time and giving me some information, my dad at his time has temporarily been appointed guardian. It is a tuff situation and in my opinion wrong for this daughter to fight my dad on this. I know it will all work out in the end. I have faith. Thanks again

Kathryn F Gapinski

Kathryn F Gapinski

Posted

You are most welcome. This sounds like a really difficult family dynamic. In my experience, these situations can be messy, but I think the court often gets it right in the end. Good luck to you!

Posted

It is possible that the daughter will try to apply for gaurdianship/conservatorship of both parents in this kind of a situation. However, if the daughter has little contact and if the dad is competent, it will likely not be approved by the court. I find that many people simply do not understand the legal jargon and will sometime threaten family members with legal terms in order to get their way. This is why people need to get informed and get their legal affairs in order before they become physically and or mentally impaired.

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Posted

Thank you so much and I agree that it's very important to have legal affairs in place. I believe my dad after this is all said and done is going to get his legal affairs in place. Not a bad idea for myself either. Today came some great news from my dad : ) : ) the daughter is no longer going to continue to fight my father for gaurdianship. I am so thankful for your time in answering my question. Have a great day thank you

Christopher L Cauble

Christopher L Cauble

Posted

If you need any help, give me a call. This is one of our areas of practice and my office is in the Rogue Valley.

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