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POA? Kids Take Dad

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mtheart

Junior Member
What is the name of your state (only U.S. law)? Alabama, Florida
Hi, My Boyfriend of 2 1/2 years had a stroke back in december and has short term memory loss. He is 64 and i am 45. The doctors at the hospital said he was competent to make the decision to go to his home where i would be taking care of him. It was suggested he do a 20day facility rehab to give him a boost on his physical rehabilitation. Well his 2 kids jumped in there and made sure he was put in one in florida where they live and where her mother-in-law works. I had him in the home 2 weeks prior to this. Me and there dad both live in alabama. Less than a week before he was to come home I was told.but never shown the kids were given power of attorney by him, that they took me off his paperwork to be given any information and they decided he would go live with the son in florida. When I told there dad this he swore he never gave them or signed any papers to that fact, and wanted to go to his home with me. I was upset and left to come home. I was allowed to talk to him once since he has been at his sons and all he ask me is where are you and come get me. What i am wondering, is would they actually have poa under those conditions, where they say he gave permission 1 day and they invoke it the next saying he can't make decisions. And can they keep him like that if he tells them he wants to come home. He may not remember most conversations 10 min ago, but he has always voiced wanting to be in his own home.What is the name of your state (only U.S. law)?
 
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SHORTY LONG

Senior Member
Most likely yes if, [his] children are emancipated, then they would supersede
you in many areas, including 'POA' because they are directly derived from him
in being their natural father!
 

mtheart

Junior Member
ReWorded for better explanation

Thank You. I get the whole kids are blood thing and all, but the problem is that no one is sure they even have power of attorney as they/including the facility the daughters mother-in-law works at refused to even show it. which i thought they would have to show me to prove she had the power to take me off of something he put me on prior to that. He says he never gave it which i am inclined to believe since he had done that a long time ago with there mother and she took him for eveything and since then he swore to never give anyone that type of power again. Also no proof that anyone even deemed him incompetent other than say so. They will not even tell or show his own brothers and sisters anything. So that is why we are wondering could they have gotten it somehow from him 1 day saying he was competent to make that decision, and the next day they invoke it saying he is incapable, would the poa even be valid under those circumstances???
 

BlondiePB

Senior Member
Thank You. I get the whole kids are blood thing and all, but the problem is that no one is sure they even have power of attorney as they/including the facility the daughters mother-in-law works at refused to even show it. which i thought they would have to show me to prove she had the power to take me off of something he put me on prior to that. He says he never gave it which i am inclined to believe since he had done that a long time ago with there mother and she took him for eveything and since then he swore to never give anyone that type of power again. Also no proof that anyone even deemed him incompetent other than say so. They will not even tell or show his own brothers and sisters anything. So that is why we are wondering could they have gotten it somehow from him 1 day saying he was competent to make that decision, and the next day they invoke it saying he is incapable, would the poa even be valid under those circumstances???
FL has a lot of agencies for elders that your boyfriend can call himself like Adult Protective Services, Department of Elder Affairs, Elder Hotlines, etc.
 

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