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Richard, Attorney
Category: Legal
Satisfied Customers: 54851
Experience:  Attorney with 29 years of experience.
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My father is experiencing serious dementia, yet believes that

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My father is experiencing serious dementia, yet believes that nothing is wrong. He will not consider moving from his home. He thinks that people are saying things that "cannot be true." After looking at an assisted living apartment (a nice one), he said there was no reason for him to move. He has wandered away twice from his home. To make matters worse, his wife says she is "done" and will move but not with him. She wants to divorce. What are his rights? What if she uses joint money to find herself a nice place before a divorce? We have been unable to find out if my Dad has a Power of Attorney. How do you move a person who does not want to move? At what point does an outside agency step in? My sister and I do not live near my Dad and we work and do not have a lot of money. I am close enough to see him once or twice a month, but my sister lives too far to come often. We feel very helpless and afraid that he will be taken advantage of because he does not understand that he is ill. Any advice will be appreciated.
Submitted: 5 years ago.
Category: Legal
Expert:  Richard replied 5 years ago.

Good evening. Your dad is now at that difficult stage that most of us must face at some point with our parents....that stage where you must file a petition with the family court to have your father deemed incapable of taking care of his daily needs and you or your sister appointed guardian. The POA won't do because it doesn't take away his right to make bad decisions on his must take away his legal right to make those bad decisions. I don't take lightly what a big step this is, but you must do it in order to protect him.



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