Stephaniez Asked September 2010

I am in the military and my Dad is in a nursing home which my mom has POA over him. How do I get him to come live with me??

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EXPERT Ralph Robbins Sep 2010
A POA does not give the attorney-in-fact the ability to determine where the principal will live. It only provides for authority over financial and contractual matters.

If it is a health related situation, one might have better luck with a Health Care Surrogate provisions (aka Medical Power of Attorney) but there again the creator of the document must be deemed unable to make decisions for him/herself and I'm guessing that the first party mentioned as surrogate will also be the spouse.

If you feel your father is danger or not being well taken care of you can always petition the courts for guardianship or conservatorship. This will be an expensive and bloody process if the spouse contests.

Before you persue any of this think very carefully. If dad is in a nursing home he obviously requires intensive care. Are you really prepared to deal with this? Can you afford it? What will be the consequences for you family. There is a lot to consider when taking care of an chronically ill or incapacitated person at home.
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Dee54 Sep 2010
If your dad wants to live with you then have him revoke the POA.
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