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My dad in WI very quickly has developed severe dementia. He needs placement. I have no legal rights. What are my options?

Asked over 2 years ago - Westminster, CO

I live in another state. My dad is currently in the hospital needing discharge plans, but is no longer mentally competent to live alone. He has a lady friend in Wi who has been helping care for him, but this may be getting too much for her. What can I do legally to obtain POA and/or guardianship for him. Without access to his finances, I cannot afford care for him. This has happened very quickly and I am really unprepared. Is it still possible to get POA? What about guardianship? Other options? Two or more doctors are available to declare him incompetent. Also, he has a condo in IL where he lived for years, but has been in WI for almost a year (with his lady friend), and spent a lot of time there even prior to that. Do we need WI law or IL? I'm assuming WI.

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Attorney answers (1)

David A Simmental

Reputation Level 7

Answered over 2 years ago. Probate Attorney in Centennial, CO.

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I am a Colorado attorney not licensed in Wisconsin. Since he is living in Wisconsin and I am assuming that he intends to continue living in Wisconsin, you should consult a Wisconsin probate attorney. In Colorado, if your Dad cannot execute a Power of Attorney because he is incompetent, then you would file for guardianship and conservatorship in the district court where he resides. A guardian is responsible for the person and the conservator is responsible for his money. Once appointed you would have access to his assets, including his condo in Illinois and could use those assets for his benefit. If you have siblings, you should talk to them and agree to what the next step should be before taking any court action.

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