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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116727
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My father has been diagnosed with dementia and have had

Customer Question

My father has been diagnosed with dementia and have had several Dr.s say that he needed to live in an assisted living,my sister moved him Minnesota to South Dakota and he is living in an apartment unsupervised. I and her are on as POA but have found out that she has gotten a lawyer and has had things changed. My father recently to a test at VA and they said he is not capable of making decisions. I have taken care of him for years and was finding more and more that I could not provide adequate supervision as needed. We had visited an assisted living in Minnesota when he lived here and my sister revoked his decision. What can I do that is not going to cost alot of money? They said he is not supposed to be driving and he told us this weekend that he got lost 2 times.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Filing for guardianship means you would need to get an attorney in MN to represent you as the court mandates an attorney be involved to protect the rights of your father. That is going to cost you money.
The other option you have is filing a complaint with Adult Protective Services in SD ( and have them investigate for elderly abuse/neglect and if they find he cannot be on his own and cannot drive, they will step in and appoint a state guardian and get him into a home if you cannot afford to get an attorney and petition in SD to get guardianship over your father yourself and move him back to MN.
You can get an elder law attorney in SD at the same sites used by other attorneys, or
Unfortunately, those are really your only options to try to protect him from your sister letting him do whatever he wants.
Expert:  Law Educator, Esq. replied 1 year ago.
If you have additional questions on this topic, please use REPLY and I will respond.
You have to file a new case in SD, because once he left MN, they no longer have jurisdiction. If he is in SD and is as you say and the doctor's records confirm that then SD will take action in the case.