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Have med & fin POA for my 89 yr old dad in SNF. girlfriend of 4.5 yrs trying to get control; dad has dementia. can she get POA
Anonymous4 views3 answers
Medical & financial POAs that were set up years ago are now used to assist in dad's med and financial affairs and are being challenged by the girlfriend. girlfriend is now trying to influence dad to give her POA? would that be legally binding considering his mental state? Also they have lived together and she is still in his home. The home is in the name of the family trust established 1990; she is not an owner or part of the trust. she is not allowing the family into the home. What legally can we do?
Ivette M SantaellaEstate Planning AttorneySan Ramon, CA ·
Hello,
If your Dad has dementia and is in a skilled nursing facility his POA cannot be legally changed because he does not have the mental capacity to do so.
As to the home, you state that the living trust owns it. Who is your Dad's successor trustee, now that he is unable to handle his own affairs? That person would then, pursuant to the terms of the trust, handle the assets in the trust in the best interests of your Dad.
When your Dad passes, the trust becomes irrevocable and the trustee if focused on managing the assets in the best interests of the beneficiaries.
The trust owns the home and the trustee is responsible for managing the home. It is recommended that you speak to this individual about your concerns.
Good luck.
If your father does not have capacity to sign the POA, it would not be valid. The practical problem is determining incapacity and whether the providers will honor the previous POA or a more recent one, even if capacity was questionable. It may become necessary to file a Petition for Guardianship so the providers don't have to struggle with competing documents.
Remember that any asset in a trust, like the house, would be controlled by the successor trustee who would have the right to evict the girl friend.
It would make sense to consult an estate planning attorney to review the documents and advise you.
Get two physicians involved to sign letters as to his 'capacity'. Sit down with an ELDER LAW attorney for further Guidance. See 'Find-A-Lawyer' at the top of this page. Good Luck!!
