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Evans7 Asked August 2017

Do I need conservatorship if I have both durable POA and healthcare POA?

Father has Alzheimer's. Recently he fell and now hardly even knows he's in the world. When he's awake he's very confused and talking out of his head. One of my brothers has taken advantage when father was living with him by having him withdraw all his money. He also has some of fathers personal belongings that he refuses to return. I need to recover money and belongings for father. Attorney says I need conservatorship to do so although dpoa plainly states i have authority to sue for and recover any monies and property owed my father.

pamstegma Aug 2017
Listen to the attorney. Yes you can sue with a DPOA, but the grantor (your father) can also give away everything he owns unless the court awards you control in the form of a Conservatorship.

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