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I have been my Dad's POA for both healthcare and finances. He is getting a divorce from his wife and had no place to live. My sisters and I cannot and will not let him live with any of us. Our husbands say NO. My dad cannot take care of himself. He is 78 years old and has dimentia. I put him in a nursing home and he hated it. He checked himself out against drs. and my wishes. He then ended up on her doorstep and later in jail with a no contact order out on him. He can't barely walk without his walker and doesn't know anything about the 13 meds he takes. He says he will live in a motel room but has no money until divorce is settled in Oct. She wants him to have nothing and just go to nursing home and live on Medicaid. I think an assisted living would be best for him, but he cannot afford one right now and he smokes. I put him in a nursing home for now until the divorce is over. He agreed and went there. After 1 week he was calling me to bring him his car and let him go live in a motel room. I contacte his dr. and took him in for a visit to see what the dr. said. He said no to living alone and no driving until he has taken a driving test to prove he was a safe driver. He calls me every other day and says to come and get him out of there. It is a nice home and he has made friends there, even a girl friend. He changes his mind every day about things and doesn't make sense with what he says. Then he makes statements about just getting a gun and shooting her and then himself. I cannot take him out of the nursing home and let him go with no place to live, no one to give him his pills, and not safe to drive on the roads. Now his lawyer called me and said he fired me and is having paperwork drawn up so I am no longer his power of attorney. He says it is all my fault his is in the nursing home. After his divorce is final and he gets part of her wealth, he could go to an assisted living and maybe be happy there. I just cannot get him to have patience and wait until Oct. What can I do? He needs a POA from our family and no one else will have anything to do with him. Any ideas would be appreciated. I am just about to have a break down myself!

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Thanks for further explanation, bossygirl. I think that you are going to have to accept that you cannot control your father. Even if you were his guardian you could not ensure that his conversations with other residents were upbeat. You cannot make him buy minutes for his cell phone. His doctor does not consider him incompetent ... just making poor judgments. Can you obtain guardianship over someone who is theoretically competent? I don't know, but I think it would be a real struggle.

It sounds like your father has had a lifetime of poor judgment and bad behavior. He has managed to alienate his children (excpet you), their spouses, his sister, and at least one wife. That kind of pervasive and intense rejection is not created by a few poorly chosen words spoken in anger. This guy has been pushing people away for a lifetime. There are consequences to that kind of behavior.

It is greatly to your credit that you are hanging in there and trying to do what is best for him. I think you need to recognize and accept your limitations in that regard. He fired you as POA. His doctor and his lawyer think he is competetent to make such decisions. Continue to visit him, if you like, but for your own sake, practice some letting go. You mention feeling at the edge of a nervous breakdown. Please get some counselling. You deserve support and understanding and help in sorting out what you can/should try to control and what you need to let go of.

Best wishes to you in this painful struggle.
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I suspect that you are fired, and are no longer authorized to act on Dad's behalf.

Dad is gonna do what Dad is gonna do. Which is ... what? If he has no money, how is he going to check into a motel? None of his children will take him in. His wife is not going to take him in. Where is he going to go?

Has the doctor reported him to the DMV, so that his recommendation against driving has some legal basis? Has his license been revoked, pending a driving test?

Have you reported his threats of homicide and suicide to his doctor? To the police?

I know that Adult Protective Services tries to protect vulnerable adults from exploitation, abuse, etc. from other people. I don't know what they do regarding vulnerable adults who are a threat to themselves. I think I would give them a call. Explain that you have been trying to protect your father from his own mental impairments but that now you have no authority. You are afraid of him winding up on the street. He needs help with his medications and he shouldn't be driving. He talks about killing his wife and himself. Ask their advice. Even if this is not a situation they would get involved in, perhaps they can suggest a course of action for you.

My heart goes out to you. Although he doesn't realize it, your dad is lucky to have someone as concerned about him as you are. (And, of course, it is NOT your fault he is in a nursing home.)
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Unfortunately I went through a similar situation; however, my father was declared incompetent by a geriatric specialist. A strange woman took him to various capacity assessors to deem him capable to revoke/appoint a new poa, so he gave poa to her. All we could do was fight it in court. We lost $5000 just starting the process and decided to save ourselves before we lost more. You have to let go. I was obsessed with controlling things and wanting him to be cared for. Sometimes there are things beyond our control. Your father can't reason or make good decisions anymore. Often, only family members can really see this and no one else cares. You can't fight a system that doesn't protect what's right. Don't make yourself sick over this. I still think about my situation everyday but it doesn't control my life anymore.
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Do you know what stage of dementia he is in? Does he have Alzheimer's, vascular dementia, or some other form? I ask this because if he is in a late stage, his doctor can write a letter that your father is no longer competent to make financial or medical decisions for himself. If he is deemed incompetent, he cannot revoke the POA (assuming it is durable) easily. And if he is incompetent, you can apply for guardianship if you care to go that route. Guardianships take at least 3 months to take effect from what I've read, and look to be a bit of pain in the backside, but it can be necessary in some cases.
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I should have added that many people are still legally competent in early to middle stages of dementia, so if they want to change the POA, they are able to.
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wow! i don't think he was of sound mind to make a poa change; i went to an attorney with my mom 5 years ago to update her trust and he said no; he could tell she wasn't in a place to make decisions. Hence what this person said "Your father can't reason or make good decisions anymore" which would fall under the changing of POA. I think the attorney exploited your father and took his money when you dad is confused as hell.
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Surely if you contact an attorney some kind of emergency filed to get you in front of a judge so that will give you time to have your dad evaluated. Put the emphasis on him threatening murder suicide with the soon to be ex. Just my thoughts. Personally, (which I have been known to do) I would take myself to the prosecuting atty in your cty and sit there till someone saw me. Whether you believe your dad would shoot the woman or not, this will give you the ammo you need to bring everything to a halt. Then the state will ORDER a mental inquest on your dad. I really do hope you try this. Remember, don't call, GO THERE!!! good luck, lisa
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Wow - so sorry you are going through this. Sounds like guardianship is more what you need. He isn't making good decisions, sounds incompetent, needs someone to assist in his affairs. Read JessieBelle's advice. My husband is going after guardianship of his mother & the court's are slow plus overall it's a slow process. First, you must find a geriatric doctor to submit testing and willing to write a report IF the doctor feels guardianship is right for that person or are they competent enough to be on their own. IF declared incompetent, then seek an attorney experienced in this field. Next, apply for bond (required here in Ohio). Once bond is approved, pay and take back to attorney. Next step, attorney sends out notification to other siblings that guardianship has been requested - will the siblings contest? If not, it proceeds to court for hearing. IF siblings protest, it will delay things and a judge will have to decide "who" is best to be said guardian. This is the process we are currently going through - and it feels like it is taking forever. Best wishes to you. Hang in there!
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That's where a document from a neurologist comes in handy....if he is not competent then I don't know that you can be fired...
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Get an attorney that specializes in elder law. File against your brother for Breach of Fiduciary Duty and Financial Exploitation. If you have proof the DA may even investigate. A few years back there was a woman in Golden that was exploiting her mom and ended up in prison.
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