What can I do if my fathers wife has power of attorney and sends him to a nursing home? 9 Answers as of September 29, 2011

Check the power of attorney to see what it covers in the event that your dad becomes, as it looks like now, incapacitated to make decisions. Some durable powers of attorney only cover specific items such as banking, taxes, benefits, divorce proceedings, etc.

If you have concerns about your father, you can override a Power of Attorney by filing for Guardianship. Filing for Guardianship will eliminate the Power of Attorney and give you the authority to make decisions about your father's care. You should speak with an elder law attorney to assist you in this matter.

File a petition to be named as a conservator of the person of your Father.

If you are not listed as a successor agent on the power of attorney, and you are concerned that he is in danger, you may want to look into filing for guardianship on behalf of your father. You should talk to an attorney about this as you will need an attorney to represent you in the guardianship proceeding.

You could seek Guardianship of your father from the Probate Court with a Petition for Guardianship. If your father's wife or daughter have power of attorney, it may nominate them first to be Guardian. You will have to be able to show they have not taken appropriate care of him given his resources and his condition in order to expect to prevail.

When you use the term "Power Of Attorney", you need to know what powers were given to them. Usually a Power Of Attorney only grants power to deal with financial issues, such as checking accounts and making sure bills are paid. Taking care of the physical and safety issues is usually not what is granted in a Power Of Attorney. A situation involving personal care or safety usually requires a conservator being appointed. That can be for the person (physical and safety) or finances, or both. A court order granting conservatorship over financial matters will override a Power Of Attorney. A conservatorship requires going to Probate Court for the appointment.

You can contact the nursing home to address his wandering. You can make a report with Senior Protective Services for Metro and request a visit, by making a report, also you may address your concerns with his other daughter if she is his attorney-n-fact. You may also consider filing for guardianship if you feel his needs are not being met. If you are not a Nevada resident, you would need to retain the services of a Nevada resident to be a co-guardian or guardian. There are a number of professional fiduciaries who offer this type of service.

This is a serious situation. This is exactly the kind of situation where your father can become injured or even killed. I advise you to immediately meet with the staff of the facility and make your concerns known to them. Be sure and put them in writing to the facility, even if only in an email. They should take them seriously and take actions to make sure your father is safe. You should be able to work together for the best outcome for your father. You may need to be appointed his guardian. This involves going to court and obtaining a court order. But, before you venture into the legal world, make sure he is safe in the real world.