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What are my options if I have POA but not guardianship?

POA but not guardianship in PA. Can I force father with Alzheimer's into Assisted living or memory center?
Status: Open    Aug 19, 2015 - 08:11 AM

Elder Law

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Aug 19, 2015 - 10:59 AM

The answer to this question goes towards the specifics of the POA document. You would have to look at the terms of the Power of Attorney that appoints you as your father's agent and see if there is a power to act in such a way. In my firm's practice, we do not grant authority to relocate the principal in our Power of Attorneys but we do address this topic in our client's Healtcare Power of Attorney. If you are also your father's Healthcare proxy, then I would refer to that document and see if you were granted the authority to relocate your father for his medical treatment (as seems to be your case here) or similar language.

If you do not have this authority in either document then I believe a guardianship proceeding will be necessary.

Sep 02, 2015 - 07:42 AM

If you have a POA for your father, but you are not his guardian, you will not be able to force him into an Assisted living or memory care center. A POA simply gives you the authority to sign legal documents for your father as his agent but does not give you the authority to make decisions about his living arrangements.

Sep 10, 2015 - 09:12 AM

In your case, as your father’s agent under the POA, you may have the authority to sign paperwork on his behalf to enter a facility. However, he would be able to revoke this POA at any time and refuse to enter or he could leave the facility on his own. On the other hand, a Guardian has permanent power to make health care decisions because a court has declared the person incapable of making their own decisions. A Guardian would be responsible for choosing an appropriate living situation and often must weigh safety against providing the least restrictive environment.
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