I don't get along with my family, so we don't speak. My aunt has moved him out of his house. Her kids are now living in his house. She not only did not tell me, but hid him from me. When I found out where he was he wanted me to become his caretaker and leave with me. He is not happy there. I'm sure she's not going to hand over gaurdianship easily because I'll take him to his house and live with him. Her kids will have to leave. As next of kin, can I over ride her gaurdianship if my dad agrees?
I'm assuming you've never been a caregiver before. Do you understand that it takes over your life? That as the patient gets sicker and sicker you must provide everything they need all by yourself? He's in assisted living now, so he clearly needs help. Do you know what they do for him there - like change his diapers, shower him, regulate and administer his meds? Do you think he will pay you to do these things? Would you have to give up a job with benefits and retirement plan to become his caregiver, where you must make sure he's safe 24/7? With no days off?
You have a lot to think about. Getting guardianship isn't free; you'll need a lawyer, have to pay court costs, and prove that you're able to do what he needs.
If she was assigned his guardian by a judge, then there is nothing you can do. Maybe he needed more care she was not willing to give so she placed him in an AL. Maybe her kids are paying rent to offset the cost of his AL.
If all she has is a POA and Dad is mentally competent to make decisions, he can assign u POA which revokes hers. You then can evict her children from Dads home (may take a while) and move him back. But be aware how much care he will need. Because you will be giving up a portion if not all of ur life for him.
If your father is cognizant ( in your profile you state he is 42) he needs neither a Guardian nor would his POA be active.
What medical condition does he have other than "depression, diabetes and mobility problems" none of these would necessarily mean that he needs a Guardian nor POA.
If she legally is his Guardian and has been granted Guardianship by the Court were you legally and properly notified of the Court Case? Did you go to Court and state that you wanted Guardianship?
You can try to obtain Guardianship but you will have to go to Court.
If your dad is not cognizant he might not be able to "agree" to you over riding the current Guardianship.
Your best chance of this would be to hire an Elder Care attorney (even though your dad is not "elder" if the age you have given is correct)
This is not easy, this is not inexpensive. And you may have to prove why you would be a better Guardian than the one chosen.