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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 4829
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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My 86 year old father is in custody of my step sister in las

Customer Question

My 86 year old father is in custody of my step sister in las vegas, my 2 brothers and I want to get custody of him. There are indications that he is not be properly cared for and that his finances are being compromised. What action as his biological children do we need to take to get custody of our father. She will not let us have access to the financial records and we cannot carry on a conversation with our father without her listening in.
Thank you
Submitted: 1 year ago.
Category: Family Law
Expert:  Chris T., JD replied 1 year ago.

Hello. I'll be happy to assist you.

Just so I understand correctly, your sister has a guardianship over your father?

Customer: replied 1 year ago.
not legal - he just lives there right now. My brother has power of attorney over his medical care. We want to pick him up this Friday and she will not let us
Expert:  Chris T., JD replied 1 year ago.

OK. Is your father capable of making his own decisions and taking care of himself?

Customer: replied 1 year ago.
he has dementia - is very forgetful - he can make decisions, but one day he says he wants to leave and when I call to say that we are picking him up, she said no way that is going to happen. He wants to move to Visalia California and it was agreed that my brother would pick him up and help him to arrange an assisted living
Customer: replied 1 year ago.
she will not release any of his financial information to us.
Customer: replied 1 year ago.
We are his biological children, she indicated in a very abrasive email that she is done with him, that he is not her "blood" and that someone needs to come and get him. We said we would and then when we requested all of his records, check book, accounts etc, she put a screeching halt to everything and has been putting up roadblocks the whole way.
Customer: replied 1 year ago.
are you still there?
Expert:  Chris T., JD replied 1 year ago.

Thanks for the information.

You essentially have three options. I'll give them to you in order of least litigious to most litigious.

1: Seek to have him voluntarily sign over his power of attorney to you or someone else you trust. Once he does that, you basically step into his shoes, and your sister is out. Then you can look at all of his finances, medical records, etc.

2: File a petition in probate court in Nevada seeking to terminate her power of attorney, alleging whatever abuses you think she's committing.

3: Seek a full guardianship of your father. This may entail significant litigation if he doesn't want it to happen. But, it would give you complete control over his finances, medical care, etc. Having a guardianship over a person gives you the same authority over that person as you would your own minor child.

Customer: replied 1 year ago.
is there a standard power of attorney form that I can have him sign?
Expert:  Chris T., JD replied 1 year ago.

Sure. Here is one, but if you just Google "Power of attorney form Nevada" you will find lots.

Expert:  Chris T., JD replied 1 year ago.

Do you have any questions? If so, feel free to ask. If not, please remember to "Rate" my answer before you go (that's how I get credit for my work).

Expert:  Chris T., JD replied 1 year ago.

Is there something else I can do for you?

Expert:  Chris T., JD replied 1 year ago.

Hi. I just wanted to check back in with you and see if you have any questions?