What Can I Do if My Sister Has Power of Attorney and It Is Impacting My Fathers Care? 6 Answers as of July 06, 2011

My father has dementia and is with me in Rhode Island. My sister has power of attorney and lives in Florida and won't give up power of attorney. My father is getting very violent and I can't get him treated at the VA without power of attorney because he refuses treatment. What can I do?

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Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
Speak to a local attorney and ask about being appointed his Guardian, which may "trump" her Power of Attorney given the circumstances. Good luck.
Answer Applies to: New York
Replied: 7/6/2011
The Coyle Law Office
The Coyle Law Office | T. Andrew Coyle
I would recommend contacting an attorney and discuss filing a petition for guardianship over your father. If you are able to establish a guardianship, it would supersede the power of attorney.
Answer Applies to: Illinois
Replied: 6/28/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
It may be time to consider filing for Guardianship to allow you to make decisions over your Father's objection. Guardianship will override the power of attorney. Please speak with an Elder Law attorney in your area.
Answer Applies to: New Hampshire
Replied: 6/28/2011
The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
You would need to apply for a conservatorship through the court.
Answer Applies to: California
Replied: 6/28/2011
Law Offices of Brian Chew
Law Offices of Brian Chew | Brian Chew
You will have to go to the court and apply for a conservatorship of the person over your father. The court will appoint a person such as your self as the conservator if they deem it necessary for your father's well being.
Answer Applies to: California
Replied: 6/28/2011
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