Managing Somebody's Finances Without Power of Attorney

[olderson]

My question involves a person located in the state of: Florida

My father is deteriorating mentally and physically. Dad is 87, widowed, living alone in a large home, but he only occupies 3 rooms. He is walker-dependent primarily w/some use of wheelchair as needed. He has recently started making comments about 'seeing people' partying & watching his TV during the middle of the night and is no longer able to recall his younger son's name. Dad has refused to sell his house & move into an assisted living facility. I am paying his bills from his checking account electronically, since my brother noticed Dad was falling behind in taking care of them himself via check-writing, yet he didn't want to manage Dad's bill paying. Dad has never appointed a Power-of-Attorney, nor is he willing to do so now. Am I putting myself in some type of risk by managing/paying Dad's expenses electronically? (I did go to the Bank with Dad, so he would know that I was officially put on checking account to pay his bills & the Bank Representative set up E-bill feature for me).

My brother does not want to lessen Dad's assets by paying attorney fees, but I feel that we are fast running out of options. Are we too late for getting a POA and probably facing the need for a court-appointed guardian? Dad's mini-mental exam by family physician showed that he was bordering on moderate/severe dementia. This is why I feel an attorney could better advise, etc. My brother & I do agree it is safer for Dad to be placed in Assisted-Living progressive facility, since Dad's finances will not indefinitely cover private-pay in-home caregivers. His house needs to be sold to cover Institutional Care costs. Since I am handling the bills, I don't know that I should be making any major financial decisions without legal counsel. Would it be acceptable/legitimate to pay the initial attorney fee from Dad's bank account?

I appreciate any suggestions/advise in regards to my questions about the above situation.
Sincerely, Olderson

[Mr. Knowitall]

Whether or not your father is still competent to execute a power of attorney is a question to pose to his doctor. If he is, it unfortunately sounds like that is not going to remain the case for much longer. Managing somebody's money or being their attorney-in-fact or guardian involves more than adding yourself to his account as a joint account holder - if you're a joint account holder, you have equal rights and responsibilities in relation to the money in the account.

You should consider speaking to a lawyer who handles estate planning and Medicaid planning issues.