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Can I get my Dad out of my step-mother's care?

He has Alzheimer's and she is losing patience and rapidly becoming overwhelmed and is taking it out on him. I worry she is becoming verbally abusive. Long before he was diagnosed he made me his health care POA, do I have any say in where he lives?
Status: Open    Jan 12, 2016 - 08:32 AM

Caregiving, Dementia

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Expert Answers

Jan 19, 2016 - 10:54 AM

If your father is no longer competent to make his own reasoned decisions then you can decide on his living arrangement under the health care POA.

Jan 19, 2016 - 12:49 PM

Even though you have some rights as his health care POA (and those rights depend on the specific language in the document), you may need to explore filing for a protective proceeding, such as a guardianship or conservatorship. You can present the POA to the court using it as evidence that your father wanted you to be the one to make medical decisions. With a spouse being adverse, you are probably going to need a court order before you can take any action. Another option if you feel there is true abuse would be to file a complaint with your local Department of Human Resources Elder Care Division.

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