What is the name of your state (only U.S. law)? California.
My 85yr old father is declining in mental competancy and desire to care for himself. Out of four adult children he has two who are attempting to care for him but we live in the other side of the country. He has one adult child living in California who has nothing to do with him and another across the country who also isn't involved in his life.
Dad has a secure pension/social security income. He lives in a one bedroom apt. but can't live there much longer. I figure we have about 6mo or until he slips and we get a call from the ER. He as avoided planning for a time when he can no longer care for himself and has got to the place we'd hoped to plan for but he hasn't been willing. A year ago we cleaned up his apt. and got a weekly visit by a home health aide.
We need to get him to a doctor for a general checkup. There's an assisted living home up the street that appears to be good but we have yet to visit it.
Dad is inconsistant on agreeing to visit a doctor or let us manage his affairs. My brother and I have been visiting him about every four months for the last two years. So far he's agreeable to us having power of attorney but he doesn't want to move from his apt.
So here's the questions:
1. Is acquiring power of attorney the correct route, and I assume medical power of attorney for medical choices? If he is incompetant to sign over PA can we acquire it with a doctors statement?
2. he has tax liabilities that appreared to be paid off but we're not sure.
3. What liabilities do we incur by having power of attorney? In other words if he owes the IRS are we liable?
4. A friend of his started writing checks for him when his eyesight started failing and he decided he wasn't going to live much longer (self-diagnosis turned out to be incorrect, he's still kicking). Unfortunately this friend helped himself to about 75% (approx $150,000) of dads cash savings with dads blessings. Two years ago when dad started giving his money away he was cognizant of what he was doing,,he isn't now. We stopped the pilfering of his funds but didn't feel we had the means to bring criminal action because it was something that dad did willingly and we're not there.
My 85yr old father is declining in mental competancy and desire to care for himself. Out of four adult children he has two who are attempting to care for him but we live in the other side of the country. He has one adult child living in California who has nothing to do with him and another across the country who also isn't involved in his life.
Dad has a secure pension/social security income. He lives in a one bedroom apt. but can't live there much longer. I figure we have about 6mo or until he slips and we get a call from the ER. He as avoided planning for a time when he can no longer care for himself and has got to the place we'd hoped to plan for but he hasn't been willing. A year ago we cleaned up his apt. and got a weekly visit by a home health aide.
We need to get him to a doctor for a general checkup. There's an assisted living home up the street that appears to be good but we have yet to visit it.
Dad is inconsistant on agreeing to visit a doctor or let us manage his affairs. My brother and I have been visiting him about every four months for the last two years. So far he's agreeable to us having power of attorney but he doesn't want to move from his apt.
So here's the questions:
1. Is acquiring power of attorney the correct route, and I assume medical power of attorney for medical choices? If he is incompetant to sign over PA can we acquire it with a doctors statement?
2. he has tax liabilities that appreared to be paid off but we're not sure.
3. What liabilities do we incur by having power of attorney? In other words if he owes the IRS are we liable?
4. A friend of his started writing checks for him when his eyesight started failing and he decided he wasn't going to live much longer (self-diagnosis turned out to be incorrect, he's still kicking). Unfortunately this friend helped himself to about 75% (approx $150,000) of dads cash savings with dads blessings. Two years ago when dad started giving his money away he was cognizant of what he was doing,,he isn't now. We stopped the pilfering of his funds but didn't feel we had the means to bring criminal action because it was something that dad did willingly and we're not there.