Legal advice re: adult childs ailing father?

';My friend, who is an adult has an ailing father who is suffering from mild dementia. He is currently in a special facilty for this, but doesn't want to be there, nor needs to be there at this point. His wife (my friends step mother) has taken control over the situation, she has power of attorney) and will not even consider my friends wishes re: his father. My friend truly has his fathers best interest at heart. His dad wants out of the nursing home, but wife will not allow it nor will she allow his 2 sons to have any say re: any part of their dads health care. Can anything be done re: this?';Legal advice re: adult childs ailing father?
The children would have to petition the courts to be the guardians of their father. Then the step mother would have no say. But the children are going to have to prove that the step mother is not doing what is in the fathers best interest. The are also going to have to show a good plan to care for a man with dementia.





BUT....if the father is still of good mind (kinda doubtful with dementia) then he can void the power of attorney and give it to one of the children. But without a medical power of attorney or a judges order the kids can do nothing. Even without the power of attorney the step mother makes the decisions as she is married to him.Legal advice re: adult childs ailing father?
They could petition the court for guardianship. This would be difficult as they would have to prove that what his wife is doing is not in his best interest and they would also have to take over the care of his father and prove they have a viable plan for care. The other thing to consider is that if there was no need for him to be in the nursing home they would not keep him there. The nursing home has to submit proof that he requires the level of care they are giving him so his dementia is most likely more sever than the sons realize.