Family Law Questions? Ask a Family Lawyer Online.
Hello and thank you for your question.
First of all, you may want to change your father's nursing home right away--if they are lying about you, what else are they lying about regarding your father?
Also, you may want to either have your father sign over a Power of Attorney to you so you can legally take care of his legal matters, if your father is of sound mind. If he has issues here, then you may want to file for a conservatorship in which you are appointed over your father's affairs. There would be a paper trail here and everything would be accountable to the court that you are paying for your father's bills.
Lastly, if you believe there is impropriety going on at this nursing home, report them to the state. The state will make an immediate investigation. But, I would suggest that you find another place and remove your dad right away, so they cannot get away with their lies any longer.
Best wishes here,
Hello and thank you for your payment to my response.
I would like to ask you a few follow-up questions to help me advise you in this situation.
(1) Is your father fully competent at this time?
(2) Did your mother live in her own home at the time of her passing, or was she at the nursing home also?
(3) If your mother was alive at the time that you received your father's money, she was entitled. as his wife, to do as she pleased with his money--my question is how long was the POA in effect pre your mother's passing and afterwards?
Please advise to these questions so I can assist you further in regards XXXXX XXXXX question.
Thank you very much,
Thank you for your payment.
One can only revoke a POA when they are lucid and are of sound mind. It appears that he was not completely of sound mind when he revoked the POA and created a new one for the pastor.
If you feel that your step father is being the victim of undue influence, you need to file for a conservatorship and have you appointed as his conservator. It appears that someone is taking advantage of your step father at your expense.
You have a legal right to your mother's things at this nursing home, and you need to make a demand that they are returned to you immediately.
I think for your protection, you should see an elder law attorney in your jurisdiction that will protect your interests. The sooner you retain your own legal counsel, the better position you will be in.
Hope this helps you.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).