Q: If I have POA for my father and his estranged wife comes back after 10 years and gets one who's is active?
They do not live together and have not been together over 10 years. Dad now has dementia and dad's family allowed her to come back and take over. She is receiving all of dad's money but has abandoned him. He's being evicted from his apartment because she has not been paying the bills. We now have an open case with DCF because I called and reported the neglect. I was trying to speak with his leasing office and was told she has POA on file and they can't to me. I also have POA from 2017 when dad was in his right state of mind. I don't even know how she was able to get POA seeing that he's not in his right state. I just want to get him an a memory care facility but I don't know if her POA has canceled mine.
A:
First, just because someone has dementia, does not mean they are incapable of signing a new Power of Attorney (e.g. some folks with dementia have moments when they are very lucid/intelligent and others where they are not....if they sign during a "lucid interval" then the POA is valid).
However, its just as likely, based on your description, that the estranged partner came back and is taking advantage of your father in his infirmed state.
In my firm, Elder Needs Law, PLLC, I focus on Medicaid Planning (e.g. we can help your father get access to benefits to help pay for home health or facility care) and Estate Planning (e.g. Wills, Trusts, and yes, Powers of Attorney).
However, if his mental state is so impaired, your best bet is to consult with a guardianship attorney. Please call our office and we would be happy to introduce you to the guardianship attorney affiliated with our firm.
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