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What Is Durable Power of Attorney?


Can the appointed durable power of attorney live out of state and if so, in what state do you hire the attorney? Thanks for responses.

Thank you, CMagnum. I will try to explain to my father why we need to make some changes. Fortunately, he can still sign his name at this point in time. I don't think he will understand what we are doing. Thank God there is no sibling rivalry (at this point in time).

Is your father competent to revoke the previous POA which sounds like it is a Durable POA? If he is competent, then he can revoke it and sign one written up for you and have a certified letter sent to your sister that she is no longer the POA. At the same time, I'd also have him sign a medical POA. Otherwise if his dementia is too far advanced for him to sign anything, then you will need to go for guardianship.

I have two sisters. I am the one in the middle. My eldest sister moved in with our father to take care of him (Dementia, COPD, etc.) My father designated her as POA. The form is on file with the residing county and I have a certified copy. Since that time my sister has become ill (congestive heart failure and diabetes) and my father now lives with me. How do we transfer the POA to designate me as the agent. Any help would be appreciated. Thank you

Does your wife's daughter not realize that people can have phones in a nursing home? To be blunt, if I may, it sounds like the daughter and niece either have no idea what they are getting into or have a undiagnosed problem! I wish you and the court system well in dealing with them. In my opinion, the judge should throw this out of court because it is stupid.

Thanks for your comments. If this was 2 men it would be callled a pissing contest. She is out to prove she is smarter than I am and with no love for her wants her Mom away so she will not be bothered and will not have to answer her phone calls. She won't answer them now and I have called her on it a couple of times and it has gotten nasty.

I see that you are taking care of your wife. So, it's your wife's daughter who is seeking guardianship for her mother while I gather you have POA for your wife? Well, this is going to be one painful court scene with all of this played out in front of the judge. Guardianship involves the person in question plus some doctors to prove incompetency, but this involves also the dynamic of over riding a pre-existing POA. I don't know what this daughter is really after, but is sounds like she's going to loose a lot by even trying to do this.

Not at this time. The appointed lawyer has not contacted us and I have found a laywer for myself.we have 10 days to find another answer

Has the court had the trial and granted guardianship? Who has the guardianship?


Guardianship-- A daughter petitions the court for guardianship We have not asked help for help except to call her mother and talk to her and understand she has alzheimers and things get confused for her. She really not asking her to do anything but help her through the episode. but now she and her niece are trying to find her to be put away from her home me and her loving dog. Husband be damned you have no rights if she prevails. This guardianship overcomes any power of attorney