Q: My father is currently in a rehabilitation facility and POA has been granted to an in-law I don’t trust. He has early onset Alzheimer’s Disease and is unable to articulate full sentences. How would I go about transferring the POA to myself so that I can better assist him with his needs? (Pittsburgh, PA)
A: Your father can only execute a new Power of Attorney if he is competent. Ask his physician or the Social Worker in the rehab facility if in their opinion he is. If he is not competent, you can file in Orphan’s Court to be his Guardian. You will need an attorney. The attorney can advise as to your chances of being appointed by a judge to be Guardian over the present Agent on the POA if he or she should challenge you.