Father's Power of Attorney?

[angelc68]

My father had a stroke 5 yrs ago. Just before it he gave power of attorney to his wife (my stepmom) with me as a back up. He was placed in a nursing home for about 5 months and my second sister yanked him out and took him to live with her. At this point my stepmom sought guardianship,placed him back in the nursing home, which she kept for 2 years,then stepped down due to some of her own health issues. Since then I have overseen my fathers care. I have taken time off work everytime he has been put in the hospital, consented to pacemaker placement, signed all his paperwork, taken him to doctor appt's, given instructions to the nursing home on his care, taken him home for visits several times a week, moved him to another nursing home and I'm the one he calls daily. My step mom doesn't have anything to do with him, my sibilings (6) have little if anything to do with him. My step mom still receives his social security check and if there is anything that medicaid and medicare doesn't pay for at the nursing home she does send the money for that, but keeps the rest for her. (I don't know how much that is) I have moved to Wyoming to allow my husband to attend school, every day my father calls me wanting to know when I am going to come get him and bring him up here with me. He understands he would have to live in a nursing home. Since I moved he has tried to leave the nursing home several times a week, which he was doing before I moved him but that had stopped. His wife and other kids have not gone to see him since I left 3 months ago. What right do I have to move him? Does she still have power of attorney since she gave up guardianship?

He can revoke that POA if he is still competent.

And you should have the POA examined as it very well not be valid at this point.

Also you could file in court to void it based on what you say here--and take control of the situation yourself--a judge may very well agree with you and your father.

Perhaps you should have legal counsel briefly review the situation and documents firstly.

He can't revoke due to he was deemed incompentent when she was given guardianship. I am seriously thinking about hiring an attorney. Just wanted some extra advice. Thank you.