Hello Legal Brains:
I’m writing to ask for advice regarding my elderly father who has significant cognitive impairment due to Alzheimer’s/dementia. Background info: my sibling and I have POA and a letter from his neurology team stating he is incapable of making financial decisions
We are gravely concerned as he just started dating a woman who he’s known maybe two weeks and she stated the first time she met us this weekend that she “would be taking over his care and providing support for him because his needs are not being met.” This is a wildly untrue statement and gf just got here 2 seconds ago, so WTF would she know, but I digress. Additionally, she claims she is willing to sign a document stating she’s “not trying to scam him,” obviously she is and the red flags just keep flying high and bright crimson.
We are at a loss as to what to do next to protect him and his estate. We were in the process of starting to look at assisted living facilities for him to get him moved into a higher level of care, but she “is going to take care of him now.” Over my dead body…but whatever lady.
What are the guardrails we need to put in place? What should we be requesting from his doctors, his attorney that drafted all the POA docs, and his financial advisor?
Location: Florida
Comments
You’ll need a conservatorship. The POA allows you to do things on their behalf, but doesn’t override their decision making. A conservatorship would be a court saying he can’t and you would make decisions for them.