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My in-laws are declining in health very quickly and are not taking care of themselves or the house that they live in. We have suggested that they move into a senior apartment complex but they have refused to even discuss the subject or the fact that my father in law is starting to show signs of memory loss and really can not be left alone for very long due to other health issues and my mother in law is over 85% deaf and doesn't have the means to care for herself if she had to. They don't practice proper hygiene or even clean the house. They let the dogs potty all over the house and feeds them dogs the human food instead of dog food is they never have enough groceries to feed themselves. He can't drive BC his driver license was taken and she shouldn't be driving BC she can't see hardly at all. My question is this.....what does my husband or his sister need to do to get power of attorney in order to make sure they are being taken care of.

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As several poster s have said, yes, you can pull forms from the web. And THAT is why many financial institutions want a guardianship.

Actually you might need both. Many businesses want POA, as they are not aware that a guardianship trumps a POA, legally.

Also, the police won't honor a POA.

ONE more edit. A guardianship shows you have skin in the game. You have been, essentially audited by the court system.
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Reply to Segoline
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Call APS or the health department about the unhealthy conditions. Maybe they can help you help parents.
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Reply to JoAnn29
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A guardianship is pretty tough. Like another poster said, you are taking away their rights, because they don't have the capacity to exercise goid judgement in a variety of areas.

We had a POA. It is limiting in its power. POA is easier to get than a guardianship. That's why banks won't usually honor. Gship much more expensive but gives you the authority to manage them and their stuff. Finances, remove from house, remove other people from house. Remove other people from contact. This is not a light undertaking. It requires a lot if work in your part.
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Reply to Segoline
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Your in-laws each need to execute a POA themselves, if they are still legally competent. The advice to get it drawn up by a lawyer would be a good idea. If they won't do it, your only option is to go for guardianship, which isn't cheap or easy. Otherwise it comes into the category of 'having the right to make bad decisions'. One approach might be to emphasise that a POA will give them lots of choices about who to appoint to do what, while guardianship will leave them with no personal rights.
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Reply to MargaretMcKen
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As far as I know only Elderly Lawyer can do POAS. But parent(s) must be competent to sign papers. I have heard people getting legal papers off the internet however, it turns out to be a nightmare. You should have your husband or his sister call APS in your area to see if they can help.

Here is the thing that your husband and his sister need to learn; their parents can no longer make decisions; they can no longer be in control. This is a hard lesson that I and many of us here on AC had to come to realize. It is heartbreaking when our parents the ones we go to looking for the answers and guidance in life are now the ones that we must step up and give them the answers and guidance. Mom and dad drove the car into the ditch (so to speak) now it is up to us to take the wheel of the car (so to speak) and make the right decisions for them.

Perhaps mom and dad should be move into an AL! It is clear that they cannot take care of themselves anymore.

Others will probably tell you to see an Elderly Lawyer as well.

Good Luck!
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Reply to Shell38314
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worriedinCali Apr 1, 2019
It is not true that only an elder law attorney can draw up a POA. In some states, you don’t even need an attorney. You can get the forms online.
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