You father needs to be willing to appoint you as his Agent (Attorney-in-Fact). You should have him execute a Durable
Power of Attorney
, and an Advance Health Care Directive. I would definitely go to an Elder Law Attorney, as the Power of Attorney that we would create would go beyond the statutory powers under the probate code, that would allow the Agent to deal with qualification for VA benefits or Medi-Cal eligibility if this is ever needed.
I am sorry to hear your father is sick. If your father does not have a Healthcare
Power of Attorney
in place and he lacks the capacity/ability to make decisions, then you will most likely need to commence what is called a conservatorship proceeding where you would request to be appointed the conservator over your father in order to make his decisions. Conservatorships are complicated processes and something you do not want to take lightly. I strongly recommend you hire an attorney/law firm that has a specialty in conservatorship proceedings.
Assuming your father is well enough to understand and execute legal documents, he could appoint you as his attorney-in-fact under a durable
power of attorney
as well as authorize a HIPAA form and health care proxy or medical authorization.
Maybe I am reading your question incorrectly, please set me straight if I am wrong, but it sounds to me as if you are concerned about your father's unwillingness to go to see a doctor and you would like to have the authority to make him go. If this is your goal a
power of attorney
will not help you. The power of attorney will only give you authority to make financial decisions. A health care directive will give you authority to make health care decisions if your father is unable to make them on his own. The only way I know to be able to force an unwilling person to go the the doctor is to have a conservator appointed. It is not too difficult if your father is willing but if he is not then it is a contested proceeding in probate court and you have to prove that he is unable to care for himself, not just unwilling. It is very serious because it takes away all of his right to make decisions for himself and places that responsibility in the hands of a conservator. If all you need is a power of attorney or a health care directive your father can give you that power voluntarily as long as he still has the mental capacity to contract. I am sorry to hear your father is so ill. Good luck.
The Advance Health Care Directive will give you the power. However, if your father does not want help, it may not do anything for you.
You would also need a POA
You may need to go to a conservatorship. However, if your father still has capacity, he could fight it and you end at the same place you started.
Contact an estate planning attorney and bring the details to the attorney.
Your father needs to prepare, among other things, powers of attorney for health and finances. Your father should consult with an estate planning attorney as soon as possible to help him create the necessary documents.
If he is unable to do so, or manage his affairs, you may need to apply for a conservatorship. See an estate planning attorney for more details.
William Ray PelgerCriminal Defense AttorneyMunhall, PA ·
If your father is mentally competent, and he wishes to sign a
Power of Attorney
appointing you as his agent, he can do that. All you need to do is find a lawyer to handle the paperwork for him.
If your father still has legal capacity, he can sign over power to you to make health care decisions via a advanced health care directive. If your father does not have legal capacity and is endangering himself, you should look into a conservatorship. Best of luck.