If I have durable power of attorney for my father can I legally stop him from spending his money? He is giving it away irresponsibly.

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There are some unscrupulous members of the family that are taking advantage of his present state. He is an active alcoholic. I want to make sure that he has enough money to take care of himself long term. He is currently in an assisted living facility, but at this rate, the other family members are bleeding him dry. While I take care of paying all of his bills, he still makes other decsions about his money. Should I try to declare him incompetent?

Answers 1 to 3 of 3
durable power of attorney I don't Think so But Power of Attoreny Witch Gives you the rights to the whole Thing Money,Medical,Bills. But Power of Attoreny goes in effect When a Person is Unable to Take of them Selfs or Has a mental Disabilty. You might Check in to the laws In your State and See If you Can Change it .
I hope this Helps
Durable power of attorney is when the person is classified "incompetent". Power of attorney is while they still have their "clear minds". If he hasn't been deemed incompetent then Durable power of attorney may not not even be in effect, depending on the various state laws. Some states do recognize a "durable power of attorney" even when the person is competent. He has to be deemed incompetent by a doctor. Check your state laws. Also check estateattorney/poas website which illustrates the difference between the two power of attorneys.
It also all depends on the wording in the power of attorney and durable power of attorney as to what the person designated can actually do - it must make clear clarifications as to what the person who has been designated power of attorney can and cannot do.

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