I have POA over Dad's healthcare and am the Trustee of his Trust. Starting to have issues with stepmom interfering in care. She tries to scare him by telling him that I wish to put him in a home. That is the farthest thing from the truth! She tries to get him not to take the pharmaceuticals prescribed by his Dr. for dementia and anxiety (sever anxiety), instead saying to take supplements only. He turns into a 8 year old boy when she is around him. She treats him that way. I don't really care, except that it interferes in him being as independent as he possibly can. There are financial issues to consider and I am hoping that he remains as ambulatory as possible for as long as possible. I am committed to his care, to my own financial detriment. She thinks because she is the wife that she has all these rights. I thought the DPOAs had the rights to make decisions, including determining who can help with his care. If she continues to undermine my job, is it not my fiduciary responsibility to remove her, or limit her time with him? I truly do not know what to do! Her oldest daughter is the only one of five children that really gets it, but she lives 8 hours away.
Couple of questions: how long have they been married? Did your father appoint you as his DPOA before or after, and why you in particular? Also: you say your caregiving is detrimental to your own financial position; in what way? It shouldn't be. If you're incurring expenses, as in actual outlay, you should be able to reclaim these from the trust; although if you mean in terms of time or reduced expectations… well, it goes with the territory, I'm afraid.
Your options, depending on how strongly you feel about the various topics, are:
1. resign your POA and trusteeship
2. speak firmly to your father, reminding him of the reasons why he appointed you and asking for his explicit confirmation of his confidence in your judgement
3. step back and reconsider your stepmother's point of view. What is she afraid of? What is she failing to appreciate about your father's needs? How can you persuade her of the importance of following medical advice in order to prolong high quality of life for both of them?
It must be frustrating and annoying for you when she sticks her oar in; but the fact is they're a package, and supporting their relationship is in your father's best interests - and therefore your obligation. Sigh heavily, but take heart - unless she's seriously evil there will be a way.
Competent adults are allowed to make their own decisions -- even very bad decisions, even self-destructive decisions. I know it is terribly frustrating and upsetting to watch loved ones make poor decisions, but that is their right.
If you feel he is truly incompetent, to the extent a court would find him so, then you can pursue guardianship.
The probable outcome of a custody battle would result in neither you nor her acting as Guardian, due to conflicts. The Judge would appoint an independent guardian. I should think you want to avoid that.
What is your brother's take on this? Others will correct me if I'm off target, but since he has DPOA for finances and you for healthcare, the two of you need to get those in force and, ironically enough, your father's funds could properly be used for that process. Your father's money can be used for any expenditure necessary to protect his best interests. That would include setting up the arrangements to use the authority that HE gave you in case of his becoming incapacitated. Which he has.
Your stepmother also sounds as if she is beginning to need support. Has she appointed POAs of her own? I think you ought to try to meet with her daughters and explain that, while you appreciate their difficulties, the fact of the matter is that she certainly will not accept your help and they need to decide what they would like to do about it if she is heading for trouble.
Normally I'd ask why you don't take over the cooking if you're not happy with your father's diet, but in this household I can see that it would cause more conflict: another reason for moving out, if possible. You could then go back to your father's GP and explain that it isn't currently possible for you to supervise your father's diet or medication, and ask him to issue very clear guidelines for your stepmother to follow. Having DPOA doesn't prevent you from sharing day to day responsibilities for your father's wellbeing, after all. You make the policy decisions, but trying to tell a woman what size her husband's helpings should be is never going to go well.
This must be very hard going. I'm sad to hear you thinking of the bitter end, and hope things will improve. What are the chances of your brother getting his finger out, if you'll forgive the vulgarity?
Dad chose your step mother for a particular life role. She is his life partner, and his soul mate. He made that choice freely, and continues to honor it. He is accepting being treated like a child (if that is what she is doing), he is deciding to take her advice about nutrition, he is choosing to stay with her. There is nothing in your role as medical proxy that gives you ANY authority over those decisions. If Dad says he wants out of this marriage and needs your help, that would be different. But I don't hear that as being the case.
I suspect that your intentions are impeccable. I have no doubt you want what is best for your Dad. You just have to accept the limitations of your role. (And, BTW, many caregivers are challenged by limitations even when there is no spouse involved!)
You haven't filled out your profile. I'm not sure if you are the daughter or son. I can't determine whether both of them have dementia and if there are other impairments. Perhaps if you give us a more detailed picture of what is going on we can provide more helpful and specific suggestions.
I was a "second wife" for 25 years. When my husband became terminally ill, had his daughter held his HCPOA and interfered in our daily life? She'd have been taking care of him herself.
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