Jan 25, 2017 - 09:46 AM
The POA allows her to act for him not against him. So yes, you could take him home with you if he wants. Keep in mind that if he is not competent to make decisions your sister could file to be appointed as his guardian. As his guardian, she could prevent his removal from the facility. As the POA she would have priority over you to be appointed his guardian. As POA she could go remove all of his money from the bank and you might not have access to it to help him.
I suggest you speak to an elder law attorney in your area. If your father is competent (attorney will help decide) he could make a new POA and document stating his wishes regarding assisted living or living with you. Removing him from the facility and taking him home, while legally possible, is probably going to cause more problems than he has now. That is why I urge you to seek legal counsel prior to making this move.
Jan 27, 2017 - 03:32 PM
If he does not have capacity or it's a close call, you may need to explore a protective proceeding in court. When someone disagrees with the decisions of an agent and there is no hope of compromise, the only real option is to resort to the court and ask it to appoint someone as guardian to act in your dad's best interest. That may be your sister, you or more likely a third party. The risk of going to court is a lack of certainty about what the court will do, but sometimes it is the only option. Good luck to you.