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At what point will a doctor declare a patient incompetent for his healthcare? Dad is physically droendent, has case manager, on high risk group list at hospital, several APS reports by police, EMT, PT and I'm sure his doctor (who I think got a case manager) but courts say he has right to make bad decisions. He will likely collapse or have stroke in the near future. I've tried to get care but dad was tricked by gfriend/roomate and my co-dpoa into believing that if he went into rehabilitation he would never get out. This contributed to his demise as that's his biggest fear. It's probzbly too late at this point. I tried to get an elder law attorney to him and had to cancel because they ymd him that I was bringing a doctor w the lawyer to declare him incompetent. ( I gave his in my sisters writing). Dad became hostile towards me though he's come around I still see hostility at times. He was rushed to hospital that same week for blood clit in lung and then developed clot in heart and across chest. Tachy Cardia. They brought in personal injury lawyer to hospital for him to sign a will and trust. He was released AMAand not in Coumadin as too dangerous. So I need to give up trying to help him health wise (I'm HCP still. Was co-dpoa too but sis tricked him into revoking...gfriend was witness and brought him to bank. 12/13...the week following an ER incident and scared him to leave hospital early and don't call me because I'll out him in nursing...was trying w his doctor to get him into rehab which he was open to). Dad did not send me revoked paper fir 75 days! Tells me he wasn't comfortable. Then he told me in 60 days my sis made him sign new one or sign something and I
Supposed to get letter but he said he didn't want that he wanted both of us to have to agree on everything. I have that on record. So now I can no longer help but wait and final thing would be to contest dpoa, which at this point won't make s difference and when he passes contest the trust & will as undue influence..and it looks invalid anyway.

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At this point, the only option is to petition the court for Guardianship. If you win, the fees are paid from Dad's funds. Bear in mind you will be fingerprinted, background checked, and you credit must be squeaky clean.
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I agree. You need to see a lawyer. Your father has a right to make anyone he wants as POA. And he is the one who can revolk. So sorry for you but u might have to just take a step back.
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It sounds like a one-hour consult with a lawyer specializing in elder issues will be money well spent. And say you expect to walk out knowing what issues to bring to municipal aging services so you can keep him protected in the meantime while you figure out the legal part. Is his doctor an elder specialist? Can you switch doctors if not.
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I'm trying to sort out everything you've written here, any I'm having trouble understanding if the former DPOA was formally revoked. If it was, and it was done while your dad was competent, then it is done legally. However all the surrounding issues you describe, gives questions to whether dad was in fact competent. Unfortunately the only way to get a DPOA "thrown out" is if you file a lawsuit....for that you probably need a lawyer, which costs whatever lawyers cost.
Maybe the better question to ask is, how much will it cost you if you do not file a lawsuit? It dad is being abused, you need not file lawsuit, just call APS. But if you're concerned about possible future inheritance of sizeable amount then "invest" some money protecting that. But hardly anyone gets any inheritance these days, medical bills & nursing homes are incredibly expensive.
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