What can be done about my mother who is legally separated from my father?

Q: My father had a massive stroke two weeks ago and my mother has basically taken over the entire situation. He is not well, and needs someone to assist with his care and recovery, not hinder it. She does not allow him to talk for himself, she has told us all to leave them alone and that she is taking care of him. She recently returned from a two year “vacation” in Arizona, because that was what was best for her. I have two other siblings who feel the same way about the situation and we are wondering where we may stand. From a legal standpoint, do we have any footing to get her removed from the situation? (Greensburg, PA)

A: A complicated situation. If he is competent, you can have him sign a financial and medical Power of Attorney to you or another sibling. However, if he is not competent, or if the POA causes such a conflict with your mother that it creates problems for service providers, you may need to file to be his guardian. My suggestion is to have a comprehensive consultation with an elder law attorney as many more facts are needed to determine precisely how to deal with the situation.


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