Update...Elder law and parents

I think i need a lawyer. My dads situation is complicated. He needs 24/7 care, his house is in reverse mortgage, he has debt (fines and taxes on house) and is a partner in a business. He has no savings and is 75. He and my stepmom do not get along.

My sister is OOS and wants him to sell the house and move to her town to an assisted living facility. He is refusing. If my stepmom and he split up we need someone to take care of him. His house is a huge expense and falling apart. His income can cover assisted living.

Can we make him do what we want? Will being power of attorney affect our personal financial situations (if he owes money or the business isnt going well how will we be affected)? My sister and i are secure and conservative and don't want to mess things up for ourselves and our families.

Any advice? Is an elder law expert needed? At least my dad has a health care proxy signed.

UPDATE to make things more complicated stepmom filed for divorce after 25 years....essentially he is not nice to her

Message edited 4/2/2015 7:15:34 AM.

Elder law and parents

I don't think you can make him doing anything if he is of sound mind, but if you would like to speak to an elder care lawyer I recommend Felicia Pasculli in Bay Shore.

Elder law and parents

You can also call touro law for free advice as well! I don't believe you are affected by power of attorney. My grandma is so far in debt and has 31 Liens on her house currently. It has not affected my uncle who is power of attorney. Only if your name is on a loan I believe.

Re: Elder law and parents

If he has not been declared incompetent i don't think you can make him do anything. Def consult an attorney though. These things are complex.

Update...Elder law and parents

Having a power of attorney will not have any impact on your finances - it will not create any financial obligations on your part. I would contact an elder law attorney. Do you think your father is competent to take care of himself and understand the consequences of his actions? If not, you might be able to seek the appointment of a guardian (could be you or your sister) and the guardian would then take over his finances and could (depending on the authority granted), direct where your father would live

Re: Update...Elder law and parents

so that update is crazyville.

Re: Update...Elder law and parents