HI all,
For those who are following my posts, you know the situation - myself and my brother are POAs for my narcisist dad with dementia, who is in assisted living, and just now realizing that he is incompetent for decision making.
DPOA was put into effect by him via his attorney at the time of hospitalization last fall. Functionally it is still in effect with me managing most of his estate.
Question - how much do we need to reveal in good faith about issues with his house?
His current level of competency has not been tested or evaluated, but most in contact with him agree that it is worse than when he signed to DPOA into effect. . He is in AL and is "ok" with me running most of his finances and estate.
However , I recently discovered that his currently unoccupied house has roof leaks and some floor damage due to this. Am I obligated to tell him about this? The only reason that I am hesitant is because he will 1) Freak out 2) want to go see it 3) want to be involved and micro manage the repair process, even though he cannot remember things day to day and it will just slow things down, and drive me nuts.
Personally I would rather get the roof and floors fixed myself using his funds with careful documentation (and then with respect to soon selling it, I hope), without his getting involved or even knowing about it , and wanting to micro manage it. But, in good faith, am I obligated to tell him about the issues ?
Do not tell him about his house conditions. Get the water cleaned up, the roof fixed and damaged areas replaced. As JoAnn29 had mentioned, contact his homeowner's insurance for help regarding storm damage.
If the leaks were caused by a storm, contact his home owners. They may pay for a new roof and the water damage.
There is one good recent accomplishment, which is that he acknowledges and realizes that he wont be going back to live at home any more, that he wont improve physically and mentally, and needs an assisted living environment from now on . THis is a good accomplishment for him to acknowledge this! However, with that said, he wants to get more clothes from his house and for me to take him. I could bring a random assortment over to the AL and have him pick and choose from those, then take the rest back. However he says he wants to go to his house and go through the clothes to get the ones he wants - a generally reasonable ask. The only negatives are that it will be a full day affair to do this, and he may well then see the rain damage of the house at that time! (although possibly he may not notice it)
There are other things not to mention as time goes on: his bills, deaths of his former neighbors, an annual event that you've decided he should skip because it would be too confusing for him to go. His world is narrowing. Let it.
You already know what will happen if you involve him in any of the decisions you have to make concerning the house or anything else. His involvement will be a burden and an unnecessary obstacle to getting the things done you need to get done as POA.
I would not even show him receipts or any record of what you're spending. You don't have to do that either. As the POA you are responsible for aking his legal/medical decisions, paying his bills, and making sure that his day to day common needs are met. You are not obligated to explain every cent or show him records of anything.
The only time you have to show receipts, records, or anything else is his estate will be probated at some point and you have a claim to collect on. Or you are mismanaging his assets and not checking that his day to day needs are being met. In other words, someone suspects you of elder abuse then you answer to the court.
You are managing your father's life and his needs as best you can because you're a good son. Don't make things harder than they have to be by trying to explain every cent you spend and every decision you make to your father with dementia.
You will, as you said, manage this carefully documenting all actions taken. If it somehow ever comes up you will simply say "we had a few leaks and I have fixed them. I did a good job and got a great price just like you taught me, Dad".
When my brother made me POA and Trustee he remained competent enough to know where his money was, where he wanted it and why, how much he wished to give to a charity, what he wanted sold, what CD he wanted where and who was to be beneficiary on said CD. Because he was competent, I managed everything as he wished and gave him a monthly sheet explaining everything for that month, every penny in and every penny out.
He got so that finally he would just take it, clip it into his loose-leaf binder, and be satisfied; he was happy to be rid of all the responsibility once he knew I would share everything with him. He, his mentation, his hallucinations all IMPROVED with the lack of worry.
My bro had Lewy's Dementia. If he ever slid into the place where he was no longer competent, was wrong or was worried or was giving bad advice, I would have acted for him AS THE DOCUMENT SAID I HAD POWER TO DO. I would have protected his funds, and HIM from worry.
So I am saying your document explains your powers. You are doing your best. Do what you think is best.
Dee died before he lost his faculties completely. He got sepsis from a small wound on his shin and it killed him. He would have been so glad of that; he so wanted to beat Lewy to the grave. So I never had to face this. But I was ready to use MY BEST JUDGEMENT. You have proven yourself quite capable.
Make your decision and on you go.
"Personally I would rather get the roof and floors fixed myself using his funds with careful documentation (and then with respect to soon selling it, I hope), without his getting involved or even knowing about it , and wanting to micro manage it. But, in good faith, am I obligated to tell him about the issues ?"
But you started with:
"...just now realizing that he is incompetent for decision making."
People with dementia can no longer process logic and reason, do simple problem solving, manage stress, etc. Nothing productive will come of telling him. Just repair the leak because this is in his best interest to do so and that's the job of the PoA.
Plus, you said he's a narcissist. Therefore you know full well how he'd react if you told him, even if he didn't have dementia.
" 1) Freak out 2) want to go see it 3) want to be involved and micro manage the repair process, even though he cannot remember things day to day and it will just slow things down, and drive me nuts."
well, at least it was your choice.
As soon as they were settled in AL (never really settled) I stated cleaning out their falling down house and put it up for sale. It sold in a couple weeks and this money paid the huge expenses of elder care for the next four years.
I never discussed ANYTHING about the house sale with them. Left up to them, my mom at that point as dad hardly remembered his house, she would never have agreed to selling the house having the delusion that she was going home some day. She was a two person assist level at the point.
I sold the house “As Is”. It was a mess and getting worse. It was three states away from me and I was not going to spend tons of money and making that long drive trying to get it fixed up.
When we moved my mother from NC to FL into AL, we handled everything she was not able to or interested for that matter. We cleaned out her house and sold it.
There were many repairs that we had to do before putting up for sale.
If he asks I would tell him, if not, I wouldn't. Why start trouble?
What would be the purpose of discussing with dad?
You listed good reasons NOT to involve him.
You have the authority, right?
If you are concerned about having the authority, I would contact the attorney.
Do know that water damage is the worst and should be dealt with ASAP to prevent even more damage.