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Brent Blanchard
Brent Blanchard, Attorney
Category: Legal
Satisfied Customers: 1975
Experience:  Twelve years of experience in estate planning and probate, consumer bankruptcy, and business law.
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My father has a DPA and I'm second on the list as an

Customer Question

My father has a DPA and I'm second on the list as an alternate. The first person hasn't shown up in ten years and now expects me to take orders from him. The first person has stated that our father who has memory loss issues cannot live with him. Our father wants to live with me and my sister a shared care but I live in RI and she lives in Mass. My brother will not give me any information about the recent doctors visit he went to while assessing my dads house to sell it. Please help as my brother is very rude and nasty. He wants control of everything. My father was recently in the hospital and he was out looking at nursing homes. My sister states she will not clean my dad if he messes himself and will put him in a home. I love my father and want him to be safe. Should I relinquish because of their bullying. I'm a teacher and worked with 911 in the past. This is awful for my dad. Did I mention he's back in Florida living alone. Omg. Please advise.
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Is father still mentally competent as determined by his doctors?

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Is the POA just for financial affairs or is it a Durable Medical POA?

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What does father want to do here?

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Does he want your sibling to remain in control?

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thanks

Barrister

Customer: replied 1 year ago.
Can you call
Expert:  Barrister replied 1 year ago.

I am sorry but I do not participate in the phone call program for the site and limit my interaction with customers only to the website.

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However, if you wish to have a phone call with an attorney, you can post a request for "additional services" and your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

Customer: replied 1 year ago.
My father has some memory loss. Passed the competency 26/30. Durable pier of attorney of which I'm second but the main caregiver. He wants to live in his home in Florida as long as he can. My guess is he will be in trouble if I don't fly down. I'm worried for him. My brother doesn't want to take my father in to live with him and dad doesn't want to go there. He lives in Cape cod. The only reason he went to Florida now was because my dad lives in his house and my brother can't remove him yet. As soon as he can he will. My father wants to live with me and my sister for shared care. My brother is trying to bypass me completely and talk our dad into living with my sister. Sir I gave up my career to nurse our mother when she was dying of cancer. They both told me they have a life. My husband and I have taken care of dad since then and brought him on all our vacations and paid for them. Every time he gets sick I pack a bag and fly out to Florida. The family tells me it doesn't matter what dad wants were just going to put him in a home. I'm very worried.
Expert:  Barrister replied 1 year ago.

Ok, if father is still mentally competent, and it sounds like he is, then if he didn't want your sibling to continue in his role of POA, he can simply revoke brother's POA in writing with him signing and having it notarized. That would put you in the role of both financial POA and medical POA for him if that is what he wants.

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If you wanted to go a different route, you could see if father would agree to have you appointed as his legal guardian in a guardianship proceeding in FL. That would also put you in complete control of his life, basically, and take brother and sister out of the loop...

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thanks

Barrister

Customer: replied 1 year ago.
Thanks
Expert:  Barrister replied 1 year ago.

You are very welcome. Glad to help any time..

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister

Expert:  RobertJDFL replied 1 year ago.

I agree with the previous expert's answer. However, if you still want a phone call, please reply and let me know as I am a Florida lawyer and can happily discuss things with you further.

Expert:  Brent Blanchard replied 1 year ago.

I tried to accept your phone call request before opening the whole thread and seeing that RobertJDFL was already involved.

I will defer to him unless he is not available when you want the call.

But before either of us can make the call, the computer system here must know that payment has been made. When we try to accept, we get this message:

Error: Payment for this service failed, please do not fulfill yet. We will attempt to reach this customer to fix the situation. Keep an eye on the Request Center for an updated Phone Call Request.

If you still want RobertJDFL to make the call, please correct the situation. I have seen his work and also exchanged private messages with him--you would be in good hands.

Thank you.

Expert:  Brent Blanchard replied 1 year ago.

Another Expert here.

If you still want a phone call, you will need to request that as an additional service. I will be available most of this afternoon. The interface may also allow you to specifically request that I be the Expert you deal with.

Thank you.