I have not discovered a POA for finances or healthcare. However, after seeing my remaining parent’s records, I see where sister may be preparing to obtain guardianship/conservership. And if she does petition the courts, I will not be notified (guaranteed). Besides trying to keep me out of remaining parent’s life as they attempted with mom, there is no reason to seek this position. I considered it at one time after Adult Protection did nothing to help either parent but especially mother who constantly had injuries, then sepsis, then a wound requiring debridement, and more that I’ll not list. Thank God she is resting now and out of pain. They’ve started with dad by benching him suddenly and now trying to have him declared crazy and heavy medicated. I was trying to take the approach many of you suggested of just visiting or leaving and never looking back. I was not able to do the latter and tried very hard not to get too involved with the care. Yes, that was also hard. But now learning of this has me tossing all over again when I have not even made peace with how mother was treated
If those are so, I don't know why you would say that there is no reason for her to seek guardianship/conservatorship other than a desire to exclude you from his life. Surely there is every reason: it is very difficult to act on somebody's behalf if you don't have the legal authority to do so.
I also don't know why you believe it to be guaranteed that you would not be notified of a petition. Notifying close family members would be standard practice - and don't forget it's up to the court to supervise this process, it's not up to the petitioner.
What would you actually like your father's care plan to look like?
Well some internet research says the petitioner has to notify others like siblings and that it is not the responsibility of the courts. I guess that is if you try to approach on your own or just maybe my comprehension of that part of the statement was wrong.
I would like it to look like not everything is taking away from him (but I let that go). I would like it to not look like moms care did. I would like it to look like if things get really bad like it did with mom, that they would bring hospice in and not wait until death is at the door.
You will be notified when and where the Case will be heard.
You can appear yourself or if you like you can hire a lawyer (I would suggest an Elder Care Attorney if you are going to get a lawyer.)
If it is determined that your dad needs a Guardian then it will be between you and your sister or other family member that wishes to take on this responsibility.
If the court determines that one or the other of you is best that person will be appointed Guardianship. If the court decides that neither of you is responsible or would act in your fathers best interest the Court will appoint a guardian. They could also grant Guardianship to you or your sister BUT still require a Court Appointed Guardian to oversee
Actually her being guardian she will have to be accountable to the State. With a POA there is no accountability. Your sister will need to send reports yearly showing how she has spent his money. That he has seen a doctor regularly. If you feel she isn't doing right by Dad, you can position the Court to look into it. She will need to keep meticulous records.
I can tell you that a court will not take a Senior's own direction over his being and give it to another without SOLID proof that the Senior is no longer competent to act for himself; that means a lot of proof from doctors. In fact a senior need be only minimally competent in the mind of the court. When guardianship is sought through the Court the Senior is right there, will be provided counsel if he wishes it.
Apparently there is no POA now? With whom does the father live? Does he live with the Sister or the Sister with him? Are there assets in the father's name that you suspect the sister is trying to get in some way?
You mention APS. There apparently is a long and ongoing tormented history in all this that I am not privy to. I cannot remember your last posts in which others suggested that you should walk away. That may have been good advice that you have chosen not to take.
Everything eventually does come down to our own choices for our own lives. I am sorry, as there is nothing quite so sad as a Senior ending his or her life with the siblings fighting over them. As a nurse I witnessed families fighting right over the bed of a fragile senior. It is something I fear I haven't ever fully got over.
Nope! No poa. Couldn’t be produced several times. There are assets that belonged to father and mother including the home she lives in. Sister lives with dad – never left home. So I think she deserves the home. But don’t believe, it is about the assets. In fact, I’m unsure at this point,
I tried to move to just visits but kept getting pulled in like when home health kept stressing wound care but I’m guessing sister would not agree. Or she would send one of the parents to hospital and then I would get the call asking why the parent was sent and they couldn’t reach sister but they are seeing all these issues and wonder if mom was in a nursing home. So then I would have to redirect them back to sister.
I agree it is very sad but I can’t seem to make it stop with the exception of turning my back on the final parent and never looking back. I would never be happy with that as I tried to do it with when mom was here.
That's the information I see for a person who is going to go at this without an attorney.
Is that not an accurate statement?
I'm totally confused on this statement from reading online.
I dare say you as an applicant might be able to get away with claiming there was no need to notify anyone, but judges have generally not been born yesterday. Leave out anyone obvious, such as a spouse or child, and the court will want a dam' good reason for it.