Could I get guardianship over my ailing father, even though he's married and lives in another state?

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My 83 yo father is married and living in CA. He's currently in a VA hospital, and says he doesn't want to go back to his home with his wife. He wants to move back to MN to live near me, his first child. I doubt his wife would give up her rights, but he doesn't want to stay there. He's quite confused, not really knowing why he's in the hospital. He has a meningioma that may be affecting his memory and speech. He is also diabetic and recently received a pacemaker. Do I have any rights as his child? I have a sister who agrees with me. His wife has a 5 yo child that he accepts, but we're certain is not his.

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How long has your dad been married? Was your father happy with his wife before the diagnosis and confusion?

Off hand, I don't think you have any rights as a child to move your dad anywhere. It would seem to me that his wife would be making decisions on his behalf.

If you don't mind my asking, what is your dad's prognosis. Often meningioma's are not malignant and can be resected with surgery. Of course, there are many variables.

I guess I'm wondering if this is a case of your dad being confused and saying things that don't relate accurately to his past reality. Do you think it would be safe for your dad to live on his own, even if he is near you?

My best guess is you would have to have his wife's blessing to take over his care and then there would be issues concerning income division as he would need to have money to life on.

Maybe others can offer more information for you to consider. You might want to offer more details.
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