Can my elderly father's POA be taken away with me as his caregiver without just cause? There is no evidence. A divorce court feels that the state would be a better person to take care of them than me. I have done nothing wrong in regards to his care. I am wondering if that can ever be a possibility?
Is that what is actually happening? I can understand the possibility of a guardianship order if the Divorce Court thinks that the division of property they have ordered is not going to be put into effect fairly by a donee POA who is the child of one of the parties. Certainly I can understand the lawyers for the other spouse asking for this. I think you need legal advice about what is actually going on here. Yours, Margaret LLB
".. father's POA be taken away with me as his caregiver"
This does not make sense to me.
A Power of Attorney is a legal term.
A Caregiver is a role description.
".. notorized POA in his will"
This term does not make sense to me either. As mentioned, POA acts for a LIVNG person.
A Will is the legal instructions of how to disperse a DEAD person's assets.
Do you mean you are the Executor of your Father's Will? The person tasked with carrying out the wishes listed in the Will.
To be blunt, what is your concern?
Your Father is faced with divorce, right? Are you worried about your ability to contine to be his caregiver? Or who will make decisions for him? (if/when needed). Or about his Will?
Good luck to you.
Your first post says that Dad is being divorced by a wife, not ur mother. That he is broke and needs to go on Medicaid. You also say your POA has not been invoked. Meaning you are not POA yet.
Is Dad competent to make his own decisions? If not and your POA has not been invoked by a doctor or doctors, a Judge could rule that in Dads situation he needs a State gaurdian. Your POA is not being taken away, it was never invoked.
I did notice that you say that Dads Will gives you POA. Thats not possible because POAs are assigned before death and are no more once the person dies. The assignment of an Executor is made in a Will.
Looks like to me that you need your own lawyer. The court needs to be made aware that your POA was never invoked. That anything you did for Dad was as a daughter.
Typically a Divorce Court has nothing to do with a POA.
If this is your fathers wife that is divorcing your dad a quick search tells me that a POA prevails over a spouses wishes.
This most likely would be transferred to another Court, one that handles Guardianships.
I suggest that you get a consult with an attorney (Elder Care would be preferable) and just ask what the likely outcome would be.
"I am wondering if that can ever be a possibility?"
Are you saying you are worried about this scenario becoming a reality and this isn't currently happening?
Are you his actual PoA, meaning you (or he) has the document that names you as the agent and is signed and notarized in front of witnesses?
Is he divorcing his wife? Is his wife divorcing him?
Divorce court in not usually the court that deals with legal guardianship.
More info is needed, including what state you are all living in.
I feel like there is more to this.
I don't think it's very easy to end someones POA without a reason.