What are the options if a Power of Attorney refuses to do the job of a Power of Attorney?

Q: My father has my sister as his Power of Attorney, due to having issues with the law (DUI) and not being able to take care of his own financial obligations (Bills, Mortgage, and the like). We (my two sisters and I) sat down to figure out the best person for the job, and because of her strong financial stability, it was decided that the eldest daughter should take that responsibility. That was February of 2015. By September of 2015, my sister said she was not going to have anything to do with him, and refused to relinquish power of attorney. My father is now in Foreclosure with the house, bills were several months behind, until I moved back in. I cannot afford to cover the mortgage, otherwise I would have. My father spends well out of his means, and I have no legal basis to stop him. My sister was supposed to pay all the bills, and then have a card sent, so I could make sure that all his other needs were met. I love my family, but my dad is now living in a motel room, because of having nowhere else to go. What can I do? (Ligonier, PA)

A: If your father is competent, acknowledges that he needs help, and is willing to appoint you as his agent on a new power of attorney, he can simply revoke the present power of attorney and sign a new one. As mentioned, even with the power of attorney in place, he can still handle is own finances-write checks, spend money, etc. If he is not competent, unable to care for himself or danger to himself, you may want to consider having yourself appointed as his guardian. To do this you will need to have a lawyer file a petition with the court and a hearing will be held. You need to consult with an elder law attorney in your area.

If you feel like this issue relates to you, or a problem that you are experiencing, please contact me so that we can discuss your situation.