How can I get legal control over my step-dad if he won't sign power of attorney forms?
For you to be named as your father’s agent in a power of attorney, it would be necessary for him to complete and sign the POA paperwork—and to have the capacity to know the nature of the document and what it means.
That capacity is measured rather trickily under the law—that is, at the moment the document is signed and finalized. So some people such as your father whose mental acuity seems to come and go are still capable of finalizing legal POAs.
However, if your father simply refuses to sign any type of document and is suspicious of all of them, then it will not be possible to put a POA into place. You may try again with a calm and simple explanation of what the document does, reassuring him that you are trying to help out, not trying to take over his whole life.
Other options, such as becoming a joint account holder or an authorized signator on his bank account, or getting a waiver of access to your father’s medical files would also require that he signs and understands paperwork authorizing these things.
If this is not possible, then your only other option may be to secure a guardianship or conservatorship over him. This is a rather drastic step, which would require you to convince a judge that your father needs this kind of supervision and is incapable of making these decisions on his own. Your father would also have the right to voice his disagreement, if he is able.
You can find out all details about this arrangement at the “Adult Guardianship and Conservatorship section of Caring.com at http://www.caring.com/adult-guardianship.
The expert answer is great, and covers all the bases. Obtaining guardianship (over the person) and conservatorship (over the property) will allow you to take care of your stepfather completely - from bills to medical issues. But it's not easy, and shouldn't be - taking away someone's rights to make decisions about their own life is a serious matter. We just went through the court process and got guardianship/conservatorship of my father. If you do this, you may want to first consult an attorney specializing in elder law, as the process is different in different states. In KY, where we live, the evidence is heard by a jury for a decision, and the Commonwealth's Attorney presents the case for guardianship. Another attorney was appointed to represent our father's interests. You'll likely have to prove by expert testimony that your stepfather is unable to function and is in physical danger unless a guardian is appointed. Good luck, and God bless you.
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