Results 1 to 3 of 3
  1. #1

    Default Obtaining Guardianship of a Elderly Parent Living in Another State

    My question involves guardianship in the State of: Florida

    My father is 89 years old and lives in Florida. I am his ONLY biological child and I live in Arkansas. I have three half-sisters and one half-brother; we share the same mother; deceased. One of the half-sisters (the eldest) is technically not a sister at all, but a first cousin raised by our mother; never formally adopted. My father never adopted any of these half-siblings.

    When my husband and I visited Dad in 2011 he insisted that I look over his will and his power of attorney designation. He gave POA (financial and medical) to one of my half-sisters; we’ll call her “Jane” that lives in Tennessee (with me being #2 on the POA). When I questioned this Dad told me he did it that way because she lived closer to him and was single with no obligations outside of work. I live further away and own a farm with my husband. In his will Dad designated that all of us would share and share alike his estate - which I have no qualms about. He did not give POA to the half-sister (let's call her Anne) that lives just a few miles from him for several reasons. #1. She has a gambling problem. #2. She is extremely reckless with money. And #3. She is raising her two teen grandsons, both of whom have several mental issues; in fact, one was recently released from a state mental treatment facility after he killed the family dog and put a knife to my half-sister’s throat as she slept. This half-sister also has a habit of borrowing anywhere from $50 to $300 from Dad each and every month.

    Dad was in pretty good health until February of this year when he had a mild heart attack complicated by pneumonia and pleurisy. He took a fall while in the hospital and hasn’t been able to return to his home since. He is in his third nursing home since February. The current one is called an assisted living facility, but Dad is kept on a locked ward. Since Dad has been living in nursing homes, Anne and Jane have been basically running amok with his assets. Jane has taken and/or given away some of his belongings; she even gave away Dad’s car to Anne and is paying Anne mileage and gas money to go to the nursing home or “run errands” concerning Dad. Anne helped herself to quite a few things in Dad’s house with Jane’s approval.

    When Dad was first moved to the nursing home I offered to bring him into our home, which these two half-sisters are strongly against. This makes sense for several reasons. I am the only married sibling, living a comfortable life with my husband. We are not hurting financially. We saved for hubby’s retirement. We’re not rich by any means, but we are comfortable. My husband is a retired law enforcement officer and I hold a degree in medical assisting and graduated nursing school, though I am not licensed in the state of Florida. I have done quite a bit of private hospice care. The eldest half-sister (cousin) does not want him living with her and her live-in boyfriend. Jane can’t take him because she works 50 – 60 hours a week. Anne has those two grandsons living with her and just tonight, 911 was called when she got into a dispute with the older, more violent boy. My half-brother is a drug user and has basically said to let him know when to show up for the reading of the will.

    Yesterday Dad took another fall at the nursing home; his sixth fall since June. I was not informed of a fall last week when he broke a finger. Anne no longer updates me after I have paid a few surprise visits after each fall. Yesterday’s fall was the most serious by far. He opened a large wound on his head – right down to the skull and developed a brain bleed. He was moved from a local hospital to a large hospital in a major city a few hours later. Dad remains in a neurological ICU as of now, with plans to move him to a regular room hopefully sometime tomorrow. The hospital staff has informed Jane that he needs more one-on-one care than can be provided at the ALF. The ALF is saying they may not take him back because he’s a liability.
    I had a long talk with Jane yesterday and told her she needs to start giving serious consideration to letting Dad come live with my husband and me. She said she now feels that is a viable option; then she talked to Anne. Now she is back to saying he needs to stay in Florida. Anne is telling folks that she plans to move him in with her and her out-of-control grandsons.

    I cannot bear the thought of my father living in that nightmare!

    A lawyer we consulted here in Arkansas advised hubby and myself to go down there, take Dad out to lunch and bring him home to Arkansas; filing for guardianship as soon as we are back in the state. I can’t get Dad on a plane. He is no longer competent. I might be able to trick him into getting on the plane, but I’m concerned he will freak out @ 30,000 feet; plus he is fully incontinent. At best, driving straight through we could make it by car in 18 hours, but I have no way to provide Dad’s medications during that time.

    I’m sorry for the super long post, but can someone please tell me how to protect my Dad??? Is there a way to get adult protective services involved in the state of Florida (even with a POA in place)?

    TIA

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    15,020

    Default Re: Obtaining Guardianship of a Elderly Parent Living in Another State

    We are back to the same thing I told you on the other site. We transported my father 2200 miles, with an oxygen machine running on a power inverter. You do not seem to want to explain what is so complicated about dads medical situation that you cannot overcome.
    Teach a man to fish, you feed a village. Give a man a fish, the ever growing village demands free fish. We will now spend trillions on social services and SSI for people who don't know how to fish.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,483

    Default Re: Obtaining Guardianship of a Elderly Parent Living in Another State

    So your plan is to become guardian while living in Arkansas, but leave your father in Florida? I am skepticl that a court would like that plan, given that if your father has an emergency and somebody needs your authorization, you may be difficult to reach and will be physically unavailable (e.g., to go to a clinic or hospital to sign a consent form).

    1. Sponsored Links
       

Similar Threads

  1. Disability Benefits: Elderly Parent Living with Children and SSI Benefits
    By kmsutra in forum Social Security Law
    Replies: 1
    Last Post: 06-15-2011, 06:52 PM
  2. Guardianship: Does Guardianship of an Elderly Parent Carry Over from State to State
    By TarheelTyme in forum Guardianship and Conservatorship
    Replies: 1
    Last Post: 03-31-2009, 03:24 PM
  3. Petitions and Appointment: Obtaining Legal Guardianship Of An Elderly Adult
    By carolbuice in forum Guardianship and Conservatorship
    Replies: 1
    Last Post: 05-03-2008, 03:28 PM
  4. Guardianship: Guardianship for an Elderly Parent
    By Min in forum Guardianship and Conservatorship
    Replies: 5
    Last Post: 05-27-2007, 09:01 AM
  5. Guardianship: Guardianship of an Elderly Parent
    By gharri in forum Guardianship and Conservatorship
    Replies: 13
    Last Post: 09-04-2006, 05:09 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Guardianship Forms
Easy to use guardianship forms for every state.




Untitled Document