I considered divorce, but cant seem to stand the thought of doing that. How can you leave a sick person who cant take care of himself, my question is how do I go about getting a power of attorney so I might put him in a care facility since he is unwilling to go. I live in texas. also how do I go about getting his drivers license removed and get his car keys away as two doctors have told him not to drive
Some people just want to stay in control and they don't want anyone else coming in and taking over. I think with many people it's a stability thing because it takes finances to keep you stable and in your home. It takes finances for food and other basic necessities, and I guess you can say that some people want to maintain control, trust and control go hand-in-hand because these days it's a big risk to trust anyone with your finances, and that's a risk I personally am not willing to take and won't. Whoever becomes this man's guardian better darn well be very trustworthy, it's not easy to gain the trust of someone else where money is involved, people can become very nasty when protecting money and valuables, and that said, I don't blame them, I would also get nasty with anyone trying to gain control over my money and assets. If you think about it, it's really a survival thing as well as self-preservation because without money you're screwed because it takes money to get by in life and to even survive
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(and from what you write he is) then you could go to a judge and have him committed for a few days while you get things handled. Find a good elder lawyer to help you begin the process before someone gets hurt. I've read on this site about emergency guardianships being granted. Spend the money on an elder attorney to place him instead of a criminal attorney to defend him and yourself. Take a breath and be safe and take action.
Basically yes, the POA can override the principal (the person who gave POA) if it's a durable power of attorney and if the principal is incapacitated.
Most POA documents are durable. They vary in how specific they are about how incapacity is determined and documented. I've also found that facilities vary in how carefully they check on whether the principal's situation meets the specified criteria for incapacity.
If the principal is not incapacitated, then technically the POA can't override the principal. But in practical terms, I have seen an older person overridden because everyone else went along with the POA's claim that the principal was incapacitated, whereas I was not sure it was still true. (The person had become quite incapacitated during a hospital stay, but recovered a fair bit afterwards.) I suppose a principal in this situation could get an attorney and take legal action, but they usually aren't in a position to do this unless they get help from another concerned family member.
For the original poster: my guess would be that guardianship will be needed, because suspicious people with dementia are either unwilling or lack capacity to assign POA to others. It's a difficult situation that unfortunately happens fairly often.
the POA. I'm sure it happens, but would it hold up in court? For example, I give my husband POA; he puts me in a drug-treatment (or any other) facility against my will and signs
that I agree to stay for 30 days. Legal? I don't think so.