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Dad getting dementia?

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jkrauss

Junior Member
What is the name of your state (only U.S. law)? Florida. My father has been a residence of Florida for many years but my brother and I residein New York. We are both older with families of our own and my father is twice divorced and does not currently have a significant other. He is showing signs of early stages of dementia and does not have any legal papers drawn up such as a POA or Living Will/Health Care Proxy. We are seeking information on our legal rights to make sure he is taken care of properly if his dementia worsens and becomes incompetent. We are not familiar with the laws in Florida but we are fully aware that we should have signed and notarized documents but my father does not see things that way and is very stubborn. He does not really have anything in assets just his social security and a small pension. When the time comes would we be able to act on his behalf to situate him in a facility that will take care of him? Can you please give us some guidance.
 
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seniorjudge

Senior Member
If he refuses to sign any documents and you think he is incompetent, then the next step is for you to get a guardianship over him.
 

Hot Topic

Senior Member
Has he been tested for dementia? You need to have him tested by a doctor familiar with the signs because what you think is dementia could be something else.

There are organizations for people dealing with loved ones with dementia who can provide information on how to set up the proper documentation. There are also attorneys who specialize in elder law.
 
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FlyingRon

Senior Member
Also dementia is a sign, not a disease in itself. It might be alzheimers, it might be little tiny strokes, etc... You shouldn't just take it at face value.
I'd get the papers together and hope that in a competent moment you can convince him to sign them. A notary is not strictly necessary but it helps.

Otherwise, you have no "legal rights". A person is free not to plan for his future.
 

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