Fil Lawyer Demanding He Be Released From Memory Care Despite Medical Advice

I could use some advice on next steps for my father in law. FIL denies he has dementia and bipolar and medical records state he is unsafe to live alone. Despite this, his lawyer is working to get him released from memory care and if we stop him, will revoke the DPOA.

I’m not sure where to go from here. I think the lawyer isn’t familiar with this presentation of dementia. But at the same time, I don’t know what to do. Any advice?

Location: Georgia

Background:

He was hospitalized in November 2025 for a month due to delirium and a manic episode. The hospital said that he had dementia and bipolar II disorder, and that he lacked capacity to determine his placement. Moca scores were 22/30, but his primary deficits are logic and reasoning. We moved him into a memory care facility in December as we had a durable power of attorney.

His lawyer has been visiting him and despite what all the medical documentation says, believes that FIL “appears totally stable and shows no signs of dementia or cognitive impairment”. His lawyer says we have to pursue guardianship or he will work with FIL to revoke the DPOA and get him released.

FIL can present lucidly but he also described his sexual kinks to my wife and I yesterday. Last week, he threw food at the staff when they served him too much food. He also has a history of violence such that in home care isn’t safe for anyone. He has a history of threatening suicide and not seeking medial attention when needed.