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I'm new to all of this; my father is 81 and was diagnosed with Alzheimer’s about 3 years ago. He's been declining slowly but about a month or so ago his wife had a heart attack and he was left with my sister at home till another sister from out of town came into the picture. Seems like within the last month his memory has really gotten worse. Our out of town sister who hasn't been in the picture for at least 30 years came into town, took my dad and check him into assisted living and now has POA. I and all of my siblings have all been banned from going on my father's property and in his house. I'm in contact with an elder law attorney but until I have a copy of that POA and get to view the inside of the house, I really don't know what I can do. My father is supposed to walk me around the house to put labels on the things I don't want thrown out or that belong to me but I'm kind of confused as to why, if my father and his wife will likely live together in assisted living, why they are being forced to clean out their home? My dad is listening to this woman and I'm not too sure why? I know he's venerable but has anyone experienced this and does this seem in any way underhanded of my older step sister?

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If your dad was diagnosed with alzheimers three years ago I think he is unable to appoint a POA himself or to change a will. I believe that your dad has to understand a POA and the attorney that drew up the POA should have confirmed that he indeed understood what he was doing. I believe you should get the doctor's report stating his alzeheimers condition of three years ago and give it to the elder law attorney and also visit the assisted living facility as they probably have a copy of the POA in their records. Possibly the elder law attorney can request or subpoena the POA document. . . .
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Thank you! I hadn't looked at it from that perspective but I now have a copy of the POA and it's NOT filed with the court, it looks like something downloaded from the internet. It is notorized but I work for a law firm and know that just a notory isn't always enough! A court order needs to be in hand in order to make sure this is a solid POA. I'm not sure how I'm going to get a hold of his doctor's records but I do have his wife, who is in recovery and should be ok to leave the hospital in about 2/3 weeks and I know she'll want some of the control back and I'm OK with that! Thank you!
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So glad you were able to get a hold of the POA, be sure to get a Medical POA, you need to have both from what I understand. Check the date from when your father signed that POA? Contact the social worker in his doctor's office and let them know what is going on, I am sure working in an attorney office they can help you get the legal documents you need to prove that you father was "probably" not present when the POA was notarized and then help you get the medical records from the doctor’s office to void the POA from the “evil” step sister. Just a thought, I would also NOT say anything to your step sister that you are working on doing any of this, so she cannot do anyone about it once you have completed it legally.

Blessing,
Bridget
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