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Asked 3/15/2011

My father's needs have changed, and he needs to go to assisted living. He isn't going to go or give me power of attorney what can I do?

My father fell and suffered a brain injury in '09, V.A recommended that he shouldn't live alone. He went back to his independent living apartment. Now, he is not taking care of his personal needs:(bathing, meds, eating correctly or doctors appointments). Being the "soldier" that he is I know he isn't gonna give me power of attorney to make sure he and his affairs are taken care of. What can I do?

 
 
 
 
Answers

Answer 1/1 - Submitted 3/15/2011

You can petition the court for guardianship if you can prove that he is a threat to himself and not able to take care of his personal affairs. You will need significant documentation from medical staff and witnesses about his bathing, medication and failing to follow the doctor's orders.

From the limited information in your post, it does not seem that his life is being threatened, and the court will have difficulty awarding you guardianship on that basis. If he is not suffering from any mental defects and is merely being stubborn, you may wish to just try to help your father the best way that you can. Visit, and have family visit him often to check up on him, and possibly contact a home health company to see if there are any medicare or VA benefits that are available to have a nurse or CNA visit your father. I definitely would not give up, but getting a power of attorney may be premature at this point.

 
 
 
 
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