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Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7279
Experience:  I have 15 years experience in the legal field, currently specializing in criminal and family law
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My fathers health (83yrs) is declining quickly. He has diabetes

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My father's health (83yrs) is declining quickly. He has diabetes & leg weakness & falls at least once everyday. About once a wk, these falls disable him so he cannot get to a phone to call for help. He calls people asking if they know where my mother is. She died 4.5 yrs ago. He only has occasional visitors, keeps the lights, heater, A/C, etc off to save money; seldom leaves the house; doesn't eat reg/adequate meals. He still has about 200k in savings but thinks he should save it for his heirs. We tell him we don't want it but he points out grandchildren (in their 20s) who 'could use it.' They have a sense of entitlement & are more than willing to talk him out of/take what they can get from him w/sad sob story. The more time he spends alone at a time, the more his mind wanders. Brother & I have a POA for him. How do we take control to ensure he's in a safe environment? I'm 700miles away & brother is 400. He refuses to live w/either of us.
Submitted: 2 years ago.
Category: Legal
Expert:  Joseph replied 2 years ago.

I would suggest that you and your siblings need to decide if you prefer to abide by your father's wishes or to properly care for him, it does not appear that you can do both.

 

Candidly, the health issues that you have described sound like some form of mental illness and I suspect his condition will continue to worsen. Your family should seriously consider having a guardian appointed. A guardian is similar to a POA in that it allows the family to provide for your father's care. However, it is much more thorough as it would effectively put someone in the position of fully providing for the care of your father, it would be much like a parent having control over a minor child.

 

If you and your family is interested in obtaining a guardianship, you could pursue that remedy by hiring a family law attorney in your father's location or by going to the local clerk of court to obtain the template documents. If you proceed on your own, you could fill out the documents, file them with the clerk of the court and then begin the process.

 

Please let me know if anything requires clarification.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Customer: replied 2 years ago.
If we file the documents with the Court Clerk, what does the process entail? What is the form/document(s) called? Who decides if it is accepted or not? Is there a court hearing? How is it determined if he is capable of caring for himself or if he indeed needs a guardian?
Expert:  Joseph replied 2 years ago.

The process would begin by filing a petition for guardianship. The petition would need to be served on all interested parties (generally all family members). After the petition is filed, the court would require an evaluation by mental health experts of your father. Once the evaluation is completed, a hearing would be set and it would then be up to the judge as to whether a guardian needed to be appointed.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Customer: replied 2 years ago.
One last question/clarification: When you say that generally all family members would be served notice of an intent to file a petition for guardianship, is this just for my Dad's children (he has no older family left alive & is an only child)? Or does this include all (16) grandchildren (11yrs to 41yrs) plus great-grandchildren (under a yr to 19yrs)? This sounds like it would get downright ugly since he will protest along with those who prey upon his welfare.
Expert:  Joseph replied 2 years ago.

No, it would be sufficient to serve notice upon the adult children of your father.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph, Attorney
Category: Legal
Satisfied Customers: 7279
Experience: I have 15 years experience in the legal field, currently specializing in criminal and family law
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