Peru, IL asked in Health Care Law and Elder Law for Texas

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 I just found out this morning that the medical POA I had was revoked and that the man I thought was only my father's financial POA is actually durable POA.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.

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1 Lawyer Answer
Teri A. Walter
Teri A. Walter
Answered
  • Houston, TX
  • Licensed in Texas

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.)

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