I am the daughter of a 94-yr old (widowed) man with dementia. He has lived with me for 2 yrs as he needs care. I am not compensated for my full time work/care. I have a durable POA since 2008. He has gifted all property and business assets to 4 sons (from second marriage) years ago. I am the beneficiary and/ or joint owner of bank accounts plus 1/3 of an annuity. My total inheritance is much less than sons have already received. They have sued for an audit of my POA actions which was zero. They are always trying to trick him into signing a new POA (under the table) so they can take all cash assets. His doctor has now stated he is incompetent and should sign no legal papers or make financial decisions.
You should request that your father's doctor memorialize his capacity concerns in the medical record. In addition request a letter from the treating physician which can be provided to the attorney and/or kept if needed to document your dad's inability to execute any new legal documents.
You should have his doctor document your father's incompetence. It may sound cruel, but at this point, it does sound like you need to ensure that your father's situation is documented to protect him from his sons.
You may want to speak with your father's attorney so that he knows that your father is now unable to enter into any legal contracts due to his incompetence.
Since you already have a power of attorney, you do not need a judge to declare him incompetent at this time. You are already in charge of your father's affairs. If he had not signed the POA when he was competent then this would be the route you would need to take.
If your brothers are continuing to attempt to have your father sign a new POA, you may want to discuss the situation with an Attorney.
Hi there, sorry to hear about your father's dementia. I agree with the other lawyers' answers. You will want the treating physician to provide a letter regarding the diagnosis and condition of your father. You can give a copy to your father's lawyer. Best of luck to you and your family.
Answer given for general advice and is not a legal opinion, which would require an analysis of the facts and circumstances as well as the applicable law and regulations.
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