Help with getting a POA revoked?

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Help with getting a POA revoked?

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My aunt, my father's sister, had him sign a POA in October and in Jan. he was treated for dementia. He has now been placed in assisted living by my aunt, who lives hundreds of miles away.
I was taking care of him for almost a year and my aunt was sending $800 a month to pay for food, etc. but it was not enough. She always denied sending us more money.
Last week, my father got disoriented and decided to strike me with his cane. I called 911 and they took him to a hospital because he was out of control. Now since then, my aunt has placed him in a home and told them not to let me see him.
I want to file for conservatorship, but don't have much money. Do I have any chance of getting my father out of the home and back in his home so I can continue to care for him. I believe my aunt is also misappropriating his money, but don't know how to prove that.

I need help ASAP. Thanks in advance!

Power of Attorney (POA)

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Do you realize the possible implications of caring for someone who has already struck you with a cane once?

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Liewein, I have to tell that I was told by a doctor that if my father (who suffers from Alzheimer's) ever gets aggressive that the proper thing to do is call 911, If you think your loved one has a fever or the aggressive behavior is out of the ordinary, he may need to go to the hospital. Any infection can cause aggressive behavior in an Alzheimer's patient.The patient may not be able to express to you that he/she is not feeling well. The 911 operator can evaluate if an ambulance may be needed to transport your loved one to the hospital. The police will NEVER arrest an elderly individual diagnosed with a challenging mental history such as Alzheimer's Disease.
Callen3x-Please talk to an Elder Care Attorney!!!!

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poa does NOT have the power to take a constutional right also a patient right away from a person.
Probably if you made complaint to Dpt Children and Families regarding mis appropiation of funds. He probably would end up with court appointed guardian.
You could petition for visitation. make a complaint that the nursinghome is dening right to visitation.ADA Advocacy to not be i to have visitors.
They may try and insinuate he is a danger to you.n secluusion to visitors.
I suggest you consult with an advocacy attorney. try legal aid.
If he has a guardian . A court appointed guardian can keep you from visiting.
Try a phone call he has that right also. If he requests your presence then nsg home has to comply. even with dr order no visitors it can be gotten around if he requests you to visit.
did he have an infection that could cause that type of behavior.

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Unless you can prove your father was under duress when he signed the POA for your aunt to act on his behalf, you probably will be wasting what little money you have. Your aunt probably doesn't want you hurt again with a cane and/or she thinks you provoked the incident. At any rate, she has control and you do not. Unless he is on Medicaid benefits to live in assisted living, I would think $800 was a lot less expensive than a facility. Are you still living In his house? Are you afraid your aunt will sell that house or rent it to someone else? At any rate, one who has dementia cannot be "treated" for this disease. It is a terminal illness with no cures. Try to send a letter to your aunt and ask her politely if you may visit your father. It is worth a try. Do not demand, ask...

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A POA can be revoked by a judge in surrogate's court. I doubt that you would get conservatorship given what has happened. Judges also avoid appointing someone who would be dependent on the ward for a place to live.

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You had better consult an Elder Care attorney about your questions and whether you can file for conservatorship and get the POA in your name. You will probably have to go before a judge and explain what happened about the cane. In most states, a child has more of a right than a sister of an Elder in regards to making decisions for a father but the attorney can help you with that. Some will even answer questions over the phone for free if they have been with your father for a long time. Doesn't hurt to try to contact them.

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A parent with dementia, I believe, will always strike out. It is part of the disease and their misunderstanding and/or frustratration of a particular sitituation at a particular time but do have lucid moments. You probably made a mistake- now I'm just guessing- in trusting his sister. Did you suspect she might do this, I guess, bretrall (sp?) towards you in the first place?

If so take a handwritten diary of all that occurs date by date, all converations you have had and may continue to have as it may become very important to remember these things and dates they occurred to prove yourself. It's messed up to have to do this but is in your best interest.

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P.S. I never hurts to to diary things when you are in the right and it becomes easy to forget when, what sequence, etc to which things occur because it can be such an emotional process you may just become overwhelmed to reconstruct things as they occurred to defend yourself.

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By the way is he close-by to you and have lucid moments? Because he had to sign that POA. For him to rescind it and take it from her to you if you are known to be looking out for his best interests it should be evident by his statements and in your own heart and evident to doctors, neighbors, etc who's who. Have your neighbors evidenced good care of your dad for instance.... That is not a question you need to answer here just to yourself or who knew of your care for him being the right thing.

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Though before I say anything more, did you honestly believe your dad was a threat of injury to you? And Again, you only have to answer that to yourself othewise my previous statements apply more so or less so. I try to keep believing in people being human in thought and spirit.

Help with getting a POA revoked?

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