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  1. #1
    Join Date
    Dec 2011
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    2

    Question How to Revoke an Elderly Parent's Power of Attorney

    My question involves a power of attorney in the state of: Indiana

    My father-in-law has Alzheimers, with alot of other problems. We recently found out that his girlfriend (who is 74 and he is 72) has complete power of attorney on him and my husband is listed as second attorney in fact. She wants to put him in a nursing house and we dont want that to happen and she said we have no choice. We just recently saw the power of attorney but have no copy of it, supposedly it was done back in 2007. It was never recorded at the Recorder's office in the court house. How do we get a copy of it and is there any way the POA can be revoked, so we can keep him out of the nursing home, which he has always been against being put in one and she knows that......Can we do any thing about it? Thanks so much......

  2. #2
    Join Date
    Sep 2010
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    10,315

    Default Re: Poas

    A general POA may not be sufficient to get him into the nursing facility either. If you think she is not acting in his best interests, you can try a guardianship.
    You'll need a lawyer in any event if you're going to stop it.

    Have you ever cared for someone with advanced Alzheimers?

  3. #3
    Join Date
    Dec 2011
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    2

    Default Re: Poas

    Well the POA states she has control over everything, his health, properties, finances....everything.
    He doesn't have advanced Alzheimer's yet. He is competent some days and not so much on other days I also already had someone(experienced) lined up to move in with to help take care of him. Does a guardianship overrule a POA? One other thing he is in Indiana and we live in Georgia.........Thanks again.....

  4. #4
    Join Date
    Sep 2010
    Posts
    10,315

    Default Re: Poas

    You can try to get him to revoke the POA on days he is lucid if that is something he wants to do.

  5. #5
    Join Date
    Sep 2005
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    75,886

    Default Re: Poas

    This is a durable power of attorney, not conditioned on his mental capacity? And it's not just for financial care but also includes health care and living arrangements? Or are we talking about a healthcare proxy that does not cover his personal finances? Or is it that you simply don't know what dad signed and, even in his lucid moments, he does not recall and cannot direct you as to where you might get a copy?

    You can petition for guardianship of the person (to help with medical decisions and living arrangements) and guardianship of the estate (a/k/a called a conservatorship). The grant of guardianship would terminate any inconsistent provision of an existing power of attorney.

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