I'm clueless and I can't afford a lawyer for guardianship of my dad. Any suggestions?

Usually, not always but usually, POA documents specify an alternate POA in case the primary POA passes. My parent's POA document specifies four levels (in case of death of the named) and it was created over 15 years ago. Their lawyer insisted. My POA which was literally just created this week, has three levels. Do you have access to the POA document so that you can see if this is true for you also? This would be much cheaper than attempting guardianship. But, I would think that if you are unable to access this document you may be forced to proceed with guardianship.

Angel

You can always try to locate a legal aid agency, although, that may take time. Most have waiting list. I would at least consult with an attorney to find out your rights and obligations. A consultation would likely help you with information on where to start. You'll need one in the state where your dad resides.

What does the Power of Attorney say about an Alternate POA. Most have a provision that says, if one person is not able to serve, then an Alternate is appointed. I'd see if one is provided in that document. If so, then it goes to them. Maybe, your dad named someone else that you are not aware of.

If not, then who is listed as the Payee Representative with Social Security. I might check into that with the Social Security Office. I think they operate only regarding the Social Security check though, not his other fiances. The facility that your father is staying may be able to tell you who that person is.

If you can't afford a lawyer, you can't afford to be Guardian. You can't afford to move him either. You can't afford to pay the nursing home while you wait for Medicaid to kick in at the new state. Better let him stay where he is.

"secondary POA on his policy " doesn't make any sense. A POA is not a policy. Was she referring perhaps to any VA life insurance policies?

Contact the VA and ask them if he had filed any of his POA documents with them; they asked us for copies for their files.

See if you can find the name of the attorney that drew up the document and ask him.

Just thinking you might get more help from the VA; the VA home he was in would have to have some documentation. Even if you're not a secondary proxy under the POA, you should be listed as next of kin, and perhaps the VA would communicate with you b/c of that.

Regardless, I do think it might be helpful if you notifiedthem of her death, and to make sure that her son doesn't have any access to your father's care or VA records.

You could also check with your county's probate department and ask if any will has been filed for her; see if you can get a copy and determine if she left anything to your father that you might be able to claim.

If he had personal effects at her house, you might ask the local PD how to get them since the son is denying you access. That would make me suspicious in and of itself.

Don't hire a lawyer, check internet or phonebook for companies that provide this service. I did and they are paralegals, with an attorney in house. My cost for wills, Executor, financial and health care durable power of attorney for both my parents. These were executed when both were dementia/Alzheimer's

Scared01, on another posting you mentioned your Dad has advanced Alzheimer's. I am so surprised that a paralegal would have allowed your Dad to sign legal documents. That wouldn't been allowed in the State where I live.

freqflyer, we did not say anything about it and we picked a day where he was cognitive.

Scared, do you know what misrepresentation by omission means? Do you understand the implication of withholding and/or misrepresenting pertinent facts? Do you understand the implications of deceit by omission?

Are you really so naïve as to thing that you have valid documents given that they were executed under fraud by omission?