Obtaining a Power of Attorney

My dad is in a nursing home and his attorney in fact died. My dad's brother is now conviced that he can be in charge of my dad's money and get power of attorney. He is 70 years old has been schizophrenic since childhood and has also filled for bankruptcy in the past. If he gets in charge of my dad's money he will steal it. Is there anything I can do to stop him from getting charge of my dad's money? Will the court even consider giving him power of attorney? Can he be appointed without me knowing?

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October 12, 20150 found this helpful

You should immediately discuss your concerns with an attorney experienced in POA and elder law.

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October 12, 20150 found this helpful

Addendum-even if the brother is somehow able to finagle a POA, you can always challenge it legally. However, I do not see how a brother could be considered a POA for an elder person over the elder's adult children.

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October 13, 20150 found this helpful

Where's your dad in all this, Will? Is he able to sign away his POA without dispute?

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October 13, 20150 found this helpful

he is declared mentally incomp and mental wise lives like 20 years in the past. from what i understand is when his attorney died someone notified the court, however they havnt gotten back yet, so ive got no idea if his money is frozen now and dont know what will happen with his nursing home bills/ supplies if his money is frozen for a month or two.

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October 13, 20150 found this helpful

If you dad is capable, talk to him about this. Just because he is in a nursing home does not immediately make him incapable of handling his own affairs.

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If he does in fact need help, then you should consult a lawyer who has some experience with these issues.

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