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Be realistic. Suing takes a long time. Lawsuits take a long time to wind their way through the court system. Guardianship is not a cheap or quick alternative. You will have to give reasons why you need guardianship and explain (and demonstrate) that your aunt is inappropriate if she in fact does have a POA document. You will likely need to hire an investigator - not cheap - to support your claim that you are the best person to be guardian of your dad. Your dad will also be called upon to make a statement before a judge will determine that he lacks capacity. Do you have the resources to pay for all of this?

Some people are quick to say "hire a lawyer" - it's easy to spend other peoples' money - but only you know what your resources are.

When was the last time you saw your dad?
When was the last time you paid your aunt a visit?
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Reply to NYDaughterInLaw
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Oh that is low down and dirty. I don't know if you could revoke her POA but you can seek guardianship over your Dad. I'm so sorry you're going through all this. Also, see if you can sue your aunt for elder abuse/neglect. A good elder law attorney will help you with both parts of this. Good luck!
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Reply to mmcmahon12000
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So let me get this straight. You once had POA, which is a *document*, that named you the person to act on your dad's behalf. Yes?

Then, while you were incarcerated, your aunt/his sister got POA?
Where was your dad when he signed that document?
Was he in the hospital?
Was he not yet in the hospital?
Was he already discharged from the hospital?

Have you seen your aunt's POA document?
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Justme78 Mar 25, 2019
She has never sent me one. I have never seen a copy. And he was out of the hospital. But after sitting down and thinking without everybody in my face. The hospital says that it was signed on a date that I actually was not incarcerated yet so she took him to have it done while I was available and willing
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If your Dad was hospitalized and was not mentally competent to sign then the POA can be questioned. A POA has to be witnessed and notarized. Did a notary come to the hospital to confirm your Dad was who he is? Does the hospital have a copy of this POA. If a lawyer was involved, contact him. Call the lawyer involved in yours. Sounds fishy that someone would go for a POA and then not be involved. I would watch Dads accounts. Hopefully, you are on his accounts and ask that you be notified if someone other than you tries to draw money out. That you signature is needed or Dads. No one elses. Being on Dads account has really nothing to do with POA. If Dad dies, you are rightfully the owner.

I am really surprised that your Aunt was allowed to make decisions. I realize there were circumstances, but could you not have notified the hospital and told them you had POA. I would think officials would have allowed communication between you and the doctors,
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worriedinCali Mar 25, 2019
Just FYI a POA doesn’t always have to be both witnessed and notorized. Depends on the state. In justme78s state, it is valid if there are either 2 witnesses or it notorized. It does not have to be both.
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I had POA over my dad. He was hospitalized while I was incarcerated. My aunt was the only one at hospital to make decisions for him until he came to. She then went behind my back and a POA singed. My Aunt (POA) has not had any communications with my dad since she took over his POA. She took his belongings that she had to the sherrifs department for him to pick up. She would not come to his house she has not been around to make sure he has food his meds. Met Dr appointment or anything. She has not came around at all until he became mentally incompetent. I have done everything for him. Can she be revoked due to these things
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No, if principle has been declared mentally incompetent, they cannot revolk your POA.

If someone has filed for guardianship and Judge grants it, then guardianship overrides POA and POA is revolked.
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Can you please give us a specific example? Without knowing the ins and outs, there's not much we can suggest to help you. Based on your title, you'd probably have to read the POA papers to know if there's a secondary POA willing to step in to help the principal. If there's not, guardianship would be the next step. Unless the principal can change/revoke their existing POA, you'll have to ask the courts for emergency guardianship over the principal. APS may also have to get involved depending on the situation.
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Justme78 Mar 25, 2019
dad. He was hospitalized while I was incarcerated. My aunt was the only one at hospital to make decisions for him until he came to. She then went behind my back and a POA singed. My Aunt (POA) has not had any communications with my dad since she took over his POA. She took his belongings that she had to the sherrifs department for him to pick up. She would not come to his house she has not been around to make sure he has food his meds. Met Dr appointment or anything. She has not came around at all until he became mentally incompetent. I have done everything for him. Can she be revoked due to these things
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