Thank you for your explanation, R.
By default, the next of kin is the spouse, and she has this default authority.
The way to override this authority is to file for adult guardianship
for the adult (i.e. your father). Please see more about it here
By becoming a guardian, you would receive the court's order to make decisions on his behalf and override her decisions/objections (and any POAs). This includes even if he is cognizant. This way, you can get him the help he needs, and even sue on his behalf.
The way to go about this is to file a petition for guardianship in Court. An attorney is highly recommended. May I recommend the Texas Bar referral program - here
. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.
She would have to be served and may object, but, the Court will make the decision based on who can take care of him the best, XXXXX XXXXX she has been doing so far.
I hope this helps and clarifies. Good luck.IMPORTANT
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