Q: If father's POA isn't responding to healthcare providers how can I get it revoked?
My father, who has previously been diagnosed with dementia/alzheimers, is recovering from covid and is having complications. He seems to be having stroke or heart attack symptoms after testing negative and the nursing home he is in isn't fully equipped to handle his recovery in my opinion. The nursing home he is in, his doctor, and the hospice team have not been able to get into contact with the person listed my father's POA so they defaulted to contacting me. I just found out this morning that the medical POA I had was revoked and that the man I thought was only my father's financial POA is actually durable POA. Because his POA is refusing to be active in my father's healthcare I want to know what I can do to either become his POA or guardian.
A: The only way you can obtain power of attorney to act for your father is if he is capable of giving it, and does so. A guardianship requires court action, after proof that your father is unable to make his own decisions. (BTW, "Power of Attorney" refers to the document, not the person, so you don't really "become his POA.)
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.