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My father and mother are now in the same nursing home for short term. Mother was to be release Dec 3rd. My father was pronounced completely in competent by a psychiatrist yesterday. The poa reverts to mother once she's found incompetent will I be back in charge. My father had me removed in a demented raged. The attorneys are wanting retainers for guardianships up to 10,000.00. We've already spent 4500.00 then some, this is madding and corrupt to do this to family's the elder with limited income. My father is a royal pain, but when he's suffers and weak I want to do everything to help him. But they are blithering nuts I tell you! And the attorneys are blood sucking leaches what a nightmare! Any thoughts

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The two questions are: (i) was your father incompetent at the time he removed you from POA (Power of Attorney form), and (ii) does the POA document itself indicate an order of succession if one person can no longer serve? Unfortunately, if there are differing viewpoints from the parties involved, only a judge can settle the dispute, and you already know how expensive that is.

A better solution may well be to forget about the POAs entirely and seek a court-sanctioned guardianship or conservatorship. I would shop around to find an attorney that can handle this for you for a reasonable fee. Perhaps a younger attorney just getting started might be a better option with a lower fee.
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Can the social worker at the home give you tips on regaining guardianship? the attys sound a bit unreasonable...if both parents are unable to make decisions on their behalf and have been found legally incompetent it should be straight forward about appointing you or someone to make decisions about their care, do they have a living will or end life directives on file anywhere? I pray you find the answers you need, hard enough for you dealing with things...
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Then fire the attorneys and YOU go to court and get legal guardianship over both parents with doctors' letters of incompetency. YOU can do this without an attorney, but then you will have to accept all the responsibility of caring for the needs of two vulnerable people. That's my best advice since I am a nurse, social worker and paralegal. Merry Christmas!
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Thank you all for you answers I've a lot to ponder as they live so far away. My father was taken to the hospital from the nursing home due to his aggressive behavior they're both delusional. Thank you for responding
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Seeking a guardianship does cost that much,
but if there is no one to stand in your way,
like other sibs, go ahead and do it yourself, for free
and file a motion or petition, ours was in probate court.
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If you had POA at one time and then the POA was your mom, now that your mom is incompetent the POA doesn't 'revert back to' you. Like the first poster said, unless it stipulates in the POA that you are to become POA in the event your mom cannot be POA, you'll have to have a new POA drawn up from scratch stating that you are POA. No one becomes a POA by default.

Unfortunately, it sounds as if you might have to go for guardianship and if you go this route you will need a lawyer. I've heard of law students, working under a lawyer/professor, doing this type of work. They get the experience, you get the papers you need, and it's all done for a very nominal fee, if any. You can call your local law school and find out if they offer anything like this. Or maybe your parents are so situated that they can pay for the lawyer, however not having POA may get in your way of being able to access the money you need to do this.

Do your research, find a lawyer who won't charge you an arm and a leg. Like the first poster said, maybe someone right out of law school. Ask around, maybe someone you know has a son who's a lawyer or a daughter who's just out of law school. Good luck!
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