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RuthKurbe Asked November 2014

My Dad has a guardian that is in charge of his health. I was never consulted about anything, what are my rights?

My father wants me to make medical decisions for him and right now I cannot. I want to be sure to follow his decisions. I cannot see someone else caring for him as I would.

jeannegibbs Nov 2014
Family has a right to be heard at a guardianship hearing. I recommend contacting an attorney to look into that aspect of the situation.

sunflo2 Nov 2014
You can contact an elder law attorney and possibly they can look into the circumstances or what occurred that triggered a court appointed guardianship by someone outside the family. We're you or mom previous POAs? Do you have or parents have legal documents showing either of you as POAs that maybe courts weren't aware of?

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RuthKurbe Nov 2014
I don't know! My mother was watching over him, then she declined in health a little and she found out that they took over his guardianship and neither of us were asked about this!

Labs4me Nov 2014
Guardianship trumps healthcare proxy. How is it that a lawyer became your father's guardian?

JessieBelle Nov 2014
I'm sorry, but the guardian has absolute say. A guardian is pretty much like a parent is for a child. They can make decisions for them. The guardian, however, can listen to the concerns of other people. I do not know if it will be so for your father's guardian, but they may welcome input if done kindly. However, you will need to bow to the guardian's decision unless you want to challenge the guardianship. This can be a difficult thing to do, since the guardian is appointed by the court.

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