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According to New York State law. If a son is granted POA over his father that has been diagnosed with severe alcohol related Dementia. What are now the son's legal responsibilities towards his fathers care?


Any feedback would be helpful and truly appreciated.


Thanks


Tom

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Tom

Only the principal (father) can appoint an agent (Tom presumably) to act as his POA. There are two areas. Financial and Medical.
Read the POA document you have to determine what rights Father the principal GAVE to his agent. Some are standard forms. Some are customized.

Some POAs are viable once signed. Some have to be activated by having one or more doctors write a letter saying the person is incompetent to manage his own affairs.
Read the POA to know which it is that your Father has signed. (Springing vs Durable)
Remember the agent is not OVER the principal. They are acting FOR the principal. To substitute your will OVER your father’s, you will need to file for guardianship. This is an expensive and time consuming process but in some cases necessary.
For the most part, being in charge of another’s life is a thankless job. A true labor of love. It does not mean you must provide hands on care. Managing a loved ones care can be all consuming, especially if you have push back from family or friends or Father himself.
Father is as vulnerable as a child to your willingness to honor his wishes and do the best you can to see that his finances are managed properly and that he receives proper medical care.
Keep excellent records on everything you do for dad. Don’t comingle funds.
Find a certified elder attorney to guide you to make sure dad will qualify for Medicaid if necessary in his future.
There are so many variables to each situation.
The more specific your questions, the better answers you will receive from this forum. There is a wealth of information here and many to support your efforts.

https://www.agingcare.com/articles/things-you-can-and-cant-do-with-poa-152673.htm


https://www.agingcare.com/search?term=Power+of+attorney+N.Y.+


https://www.agingcare.com/search?term=Power+of+attorney+
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You should do a Google search for the state statutes that govern POA.

That is the safest way to find out what you are required to do.

Just because someone names you as a POA doesn't mean that you have to accept, especially if he didn't discuss this assignment with you.
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Financial or medical.  Financial -- spend money only for dad's benefit.  Medica -- try to get dad good medical care, but you cannot make him stop drinking
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Dad has to assign son as POA. There is no granting. If you don't have it, guardianship is the next step and expensive. Medicaid allows the use of Dads money.

The responsibility of the assigned person is written in the POA.
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