My father is 87, has Alzheimer´s and lives alone in Wisconsin. In his health directives he chose "no nursing home". He needs more care at this point but does not want to leave his home. My sister lives 2 hrs away and visits weekly. My brother is the POA. Can he make this health decision or do we have to go to court to ask for guardianship?
But there are a lot of open questions here. Does your father have the funds to afford in-home help? Is he eligible for Medicaid? If so, would Medicaid provide in-home services in your state, and would that be sufficient for his care?
Is he doing anything so risky or destructive that he needs to be under constant supervision? Because if that's the case, go for the guardianship. Or try to convince him, or get his doctor to convince him.
If you oppose your brother's choice, what alternate care would you be able to provide so that your father can remain in his own home? Or would you bring him to Florida?
I think this would be a primary issue if you sought guardianship. And are you, or how would you, be prepared to provide that level of care?
These are really tough choices; it may be that your father can still manage, but it may also be that he needs more assistance than a weekly visit. If his health and safety are endangered, then perhaps it might better if he's not living alone.
I think any court would examine your father's mental and physical needs and base a decision for guardianship vs. nursing home on those kinds of issues.
There are others here with more experience in these situations than I, so hopefully they can provide more help information.
I can only imagine how frustrating this must be for you.
I would however try to discuss this with your brother. If you seek guardianship and your brother is opposed, the court may appoint an independent guardian, and then the cash register start racking up huge bills. Attorney guardians are going to charge and that kind of guardianship won't be cheap.