Have Legal Questions? Ask a Lawyer Now.
Thank you for using JustAnswer!
Who do you want to give these forms to?
Those forms will only work if you're interacting with the Illinois Department of Healthcare and Family Services on behalf of your father.
If you want to be able to assist him in his health care decisions for all medical providers, then your father needs to have a medical power of attorney done designating you as his power of attorney.
sample entities would be: nursing home, hospital, specialist doctors
Then you can give a copy of that medical power of attorney to all of his treaters and, yes, you will have access to his medical records.
Work with a local family law attorney to have a medical power of attorney drawn up for your father.
And which designates you as his medical power of attorney.
Trouble is, the POA healthcare paperwork he has in place designates my mother who is also elderly and very ill and in the same nursing home.
That's okay, he can do a new POA and rescind the old one.
If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
i am afraid he'll never understand all that, given his level of dementia is increasing lately. Is there nothing else?
If he has dementia then he cannot sign any forms at all.
Your separate recourse will be having to go to court and petition that you be named his legal guardian.
Again, you can contact a local family law attorney to assist you in preparing the necessary papers and filing them with the court and going to the hearing to obtain that court order.
Dementia has been ruled gradual condition in case law. He has not been certified as incompetent in a court of law.
If he is diagnosed with dementia, he does not have the legal capacity to sign legal documents.
Again, that is something you can discuss with the local family law attorney.
ok thank 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).