Q: Is it possible to get a lawyer to help via Pro bono for a senior citizen divorce/power of attorney case?
My dad is 83 and does not want to live in a care facility. I believe my mom may have a durable power of attorney.
My dad feels that my mom is not capable of representing his needs.
My dad was in a care facility and was assaulted by another patient. As a result he was hospitalized. My dad was released to me by the hospital who felt he was capable of choosing who he wanted to live with. My mom is not supporting his well being. Help me help my dad.
A: The key to your situation will be: (1) the language in your father's health care directive and durable powers of attorney; and (2) if your father has sufficient mental capacity to handle his own health care (and/or finances). There is a legal standard that must be met to ensure people understand their own actions and, if it is met, then your father can make his own decisions. Most health care directives say that they only go into effect if a physician believes the person lacks sufficient mental capacity to take care of their own health care. If your father's says that and his physician says your father has sufficient mental capacity (get that in writing), then your father can decide to do whatever he wants. Best wishes to you both!
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