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My father has been living with me almost 4 yrs. I have been taking care of all his medical/healthcare for the last 7 yrs. Unaware to me that my sister has a healthcare POA, my brother is listed as secondary. My brother who lives 60 miles from my place wants to remove my Dad from my home because he thinks it is too small. I have been retired for two years and have been his caretaker for 24/7 for almost the 3 yrs since I have been retired. The Dept of Aging has been in my place and everything has been done to make everything safe for my 87 yr old Dad. Besides going to get a lawyer to change his Healthcare POA, do I have any ground to prevent my brother from taking him?

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My sister IMO has her head up her butt. Since my Dad's doctor and I decided to give my Dad a very small dose of seroquel, because of his continuing torture of thoughts and nightmares about my Mom's death and his siblings, they are all up in an uproar. So now his doctor is not fit, and my place is too small. My Dad is competent as far as saying where he wants to live. He does have dementia and forgets a lot of things, but he is mobile and can have an opinion. I do plan on taking him to his lawyer to change the Healthcare POA. As far as ruin family relations, that has already started. My brother wants to take my Dad for a second opinion regarding this medication, but I don't have two months to wait for a second opinion. But Dad needs to calm his thoughts now.
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A healthcare power of attorney does not give them the right to choose where Dad lives. It only gives them the legal right to make HEALTH CARE/MEDICAL decisions for him but not unless and until he is unable to do so himself.
A durable power of attorney would give rights to handle finances, etc.
Is Dad competent? Can he make you POA either Healthcare or Durable? If not, what are you willing to do to secure conservatorship? Think it through and decide if the potential cost is worth it to you, then proceed accordingly.
So what if your home is small? If it's big enough for the two of you and you've made the necessary modifications to make it safe, I don't see what the problem is...especially if Dad is happy there.
What does Dad want?
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When my dad first came to live with me we had a long talk. I told him if we were to be successful as a family,he would need to now let me be in charge. I have durable and medical POA. He lets me pay all the bills with his money combined with mine. If you're brother is wanting to take your dad....is there financial gain for your brother? Thats what I fear for your dad. Get total care ,custody and control of dad...just like he would've done when you were young. The roles are changed now....you are the caregiver because he is unable to do it well on his own. Good luck....I would say to the family....if you aren't paying the bills....then eff off!
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If he is competent, your dad can change the healthcare POA. If not, then you would have to go for guardianship which is costly and would probably ruin family relationships.

What does your sister think about this? Since she's primary POA, then why is she not having an active part in this? Sounds to me that your brother is assuming too much as secondary POA.
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Has the Dept of Aging recommended that he move?
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My Dad said he would give me Healthcare POA. He doesn't want to move. But tomorrow he may say, "well, let everyone share me" I know my sister and the other brother do not want him, as long as I'm available. The Dept of Aging did not recommend that he be moved. It is my youngest brother that is trying to change things and it seems that my sister who is the POA, is just sitting back waiting for this second opinion with this other doctor. I don't know anything about a conservatorship. I will have to see what that entails and in the best interest of my Dad.
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I don't know which state you reside in, but you could contact the local Council on Aging, the Governor's Office for Elderly Affairs, the local Bar Association Pro Bono Project or call AARP and ask if they have anyone who can help you with the POA itself or point you in the right direction.
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To force your father's move, your brother and sister would have to be able to demonstrate that it was in his best interests to be moved from your care. They'll have a job to do that.

Either - your father lacks mental capacity, in which case it follows automatically that a major change in environment would carry significant risks for his wellbeing;

Or - your father does not lack mental capacity, in which case you call in a lawyer and get medical POA, just you, pronto pronto. The nice friendly lawyer will explain to your Dad that POA works much better if there is a clear line of command, closely connected with his day to day life.

You have all the documentation you need to demonstrate consistency and quality of care. If continuing to care for him is what you want, then go to it. You will have the blessing of every informed professional involved. And if I were you, I would get on to my contact at the D of A with an update and a request for advice first thing tomorrow.
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