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.

Thank you both very much. When my dad and his girlfriend/caretaker/POA made out his POA paperwork, they came to my home and gave me a copy of it. She assured me that I was the secondary POA on his policy but my name is nowhere on it. Of course, I questioned it and she told me if anything ever happened to her that I would be responsible for all his decision making. Well...that much is true but I have no knowledge of his finances and her son will not allow me in their home that they had together, to get his belongings. Apparently, EVERYTHING was in her name. However, I just want him closer to me. I don't care about his estate or anything there. I just want to get the help for him that he deserves. In all reality, I feel that he could have set it up a little better for me but apparently he wasn't thinking she would go before him, beings she was 22 years younger than him. Again, thank you for your advice.

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

"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.

I agree about the policy issue. A POA is not a policy. I'd find out what she was talking about. Also, if you have a copy of the POA, you might have an attorney review it. Sometimes a lay person may not see the part about the alternate POA. It may be located a different part of the document and not immediately spotted. I can't imagine one that doesn't have an alternate.

I would figure out what is best for your father before I made plans to move him. Your profile says that you want to move him in with you to care for him. I would thoroughly research what that involves before you move him into your home. That type of move would be very concerning for me for a very elderly dementia patient. You would need an enormous amount of in home help. Plus, it can be expensive. If you are tight on funds, I'd be reluctant to take on that kind of responsibility without a lot of research and evaluation.

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?

There is a place on a POA that allows the naming of a second person to be POA in case the first one cannot fulfill the duties of the original POA. You will need someone to help you to get guardianship of your father so you can take care of the finances. I don't understand the woman's son not letting you in to get his things but I certainly would either call him or write him and tell him that if he won't let you come in and get his things, he should pack up any and all items in a box (boxes) and you will come get them or you will file theft charges on him. Depending on the state you live in, you might be able to go online and fill out the paperwork for guardianship and then call an attorney to see if they would look it over to see if there are any mistakes. That shouldn't cost much just to review and let you know you filled it in correctly. Then you will have to go to court to have a judge appoint you as guardian. You may have to take it down to the courthouse yourself and file the papers on your own if you can't afford the attorney but in some states, it can be done by yourself. After filing the papers, the court will notify you when a date has been set and you just go see the judge by yourself. Be sure to take all paperwork with you when you file such as doctor's summary about his mental state, etc. Start calling attorneys, the courthouse, the VA, the NH he's at now and ask everyone all the questions you have until you feel you have all the info you need to take on this task. good luck taking him into your home. That may be the biggest hurdle for you.