My father is constantly in and out of the hospital. He has had waning health for as long as I can remember, even as a child . One day when I was in my early teen my mother left us , and my aunt had to take us in. She later on got medical power of attorney over my father when he literally lost his mind for a while( he was on several medications at the time.) Now several years later I am an adult and have been with my father through pretty much all of his spells, hospital stays ,so on and so forth. Nobody knows my father like I do when it comes to his health. Yet my aunt will doubtfully relequinsh her POA to me. I know she will not , he told me after his last hospital stay had changed POA over to me ,however I have no proof, and until I do she stands as it(POA) . My questions here are, is there a way I can get proof of who his medical power of attorney is? Can I fight my aunt if needed for the title so I can make sure things are medically done fairly by my dad ? If signed do POA paperwork have an expectation date? If my father was unfit to sign the paperwork appointing my aunt as his POA years ago, can that still be brought up if I feel he was forced to sign unlawfully?
If your Dad is unable to have a writing done reflecting his change of agent, you may consider petitioning for guardianship of him.
It is a complicated process that would require the assistance of an attorney.
AVVO or your local county bar association can provide attorney referrals.
The most common way to contest a document is to prove incompetence, incompetence, or fraud.
If successful-you would then need a guardianship.
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.
You need to have an attorney look at this case. You would have to prove that at the instant he signed the document he did not have capacity to make that decision. These are very hard cases to prove and become even more so as time passes and memories and evidence deteriorates. I would find an attorney well versed in these types of cases, specifically one that has experience in will contests as there are a lot of similar elements in the way you describe the situation.
Under GA statute, in the absence of a valid and enforceable healthcare directive, any adult child has power to make medical decisions on behalf of their parent (assuming spouse is out of the picture). Does your aunt still have the written healthcare directive naming her as his agent? If so, demand a copy. Then read it and see what it says regarding effective dates/events. If still appears that she has valid POA, then you'll have to petition court to either (1) invalidate POA based on evidence of revocation (which would make you his agent by default) or (2) become his guardian, which will revoke the POA if successful.
I strongly recommend that you consult with an attorney about how to proceed, but the following 2 options exist for you:
1. If your father has the capacity to execute a new healthcare advance directive, then he should do that. I recommend having an attorney prepare the documentation after a meeting with your father to give the document credibility (would make it more difficult for your aunt to claim that you persuaded your father to sign the document or that he lacked the requisite capacity to sign it).
2. If your father lacks this capacity, then you should petition the court for guardianship (and conservatorship if he has assets that require managing). Guardianship is a relatively extreme measure as it removes certain rights from your father, so if option 1 is available to him, then that is definitely the option to pursue.
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