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jjeosha Asked October 2019

How do I stop his family from not following his wishes and kicking me out instead of honoring his DPOA?

Almost 2 years in the hone as live in home manager and caregiver. I was brought here because his family stole from him. Last year he gave me complete POA to prevent his family from coming in and putting him in hospital. He just wants to die at home and the house along with care if his animals all goes to me so they are cared for. I never finalized house paperwork because it was a joke he had to live til it done.


He decided to die and got ill. I called and had him taken to hospital. I could not find POA by lawyer until he had been in hospital 5 days. So they called his family but they haven't been around him in over a year. I've never even met his one daughter. I found my POA papers he had put away. All signed, witnessed, notarized. It was very specific in his orders. But his daughter went to judge to get guardianship. They won't let me see him, have filed eviction giving me only 10 days, took his money and won't/refuse to bring him home for his final days as he wishes. He did POA so they couldn't do this to him. What can I do?

JoAnn29 Oct 2019
As the child I think she trumps u no matter how long she hasn't seen her Dad. At his death, the POA would not be in effect anymore. If he has a will, the Executor will be in charge to make sure Clients wishes are carried out. If Client wanted you to get the house, he would need to put it in a will. I do agree that his family could contest this.

If the guardianship has not been finalized, you may be able to bring the POA to the attention of the Judge. Not sure if it will change the outcome.

Countrymouse Oct 2019
His daughter applied for guardianship. Did you know about the hearing? Did you attend it, with your client's documents? Your client *must* have been told about the hearing in advance, but it doesn't follow that you were, especially not if your client wasn't able to give instructions and anyone representing him didn't even know you existed.

If the court was not aware of these existing documents, you need to contact the court and explain. If you can, contact the lawyer who did your client's paperwork and ask for help and advice there first.

This may not make any difference; the judge may decide that now your client is in safe hands and the guardianship is set up, it is in your client's overall best interests not to change anything. But a) you will have tried; and b) the court does owe it to your client at least to consider the new information, as long as you can show a valid reason for not bringing it forward earlier.

You are going to have a problem, though, you know. The fact that you stand to benefit financially from your client's wishes is going to look bad. Get professional advice.

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97yroldmom Oct 2019
I’m sorry but guardianship trumps POA as it relates to the father’s care and finances. However since you have lived in the home you may have tenants rights? Check your state laws on the eviction process. This may give you a bit more time.
A guardisnship takes time and money to be awarded by the judge. Unless the daughter got an emergency guardianship, she must have had it in the works. Her dad would have been notified. Thats required by law.
I suspect it’s hard to determine the difference between care taker neglect and following orders for uninvolved family members who now have the law on their side.
You were in a difficult situation. He didn’t want to go to the hospital but you “had him taken”.
Perhaps his daughter will bring him home with hospice.

NeedHelpWithMom Oct 2019
Sorry, I am confused by your post. The profile says you are caring for a 40 year old. Is that right?

I don’t understand your question. Sounds like you didn’t complete the POA paperwork.

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