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| Joined 26 Jan 2022 1:01 pm
136 posts
9.6/10 Rating |
Dear Marie,
Please be informed that as long as your brother is not mentally incapacitated and he understands the nature and purpose of a Power of attorney, he may execute a Power of attorney naming you or your son (or both of you) as his agent(s).
We understand from your e-mail that your brother may need assistance in making medical decisions, as well as in maintaining his everyday affairs, such as banking, getting medical benefits, obtaining medical and other records, paying rent, etc.
Depending on the type of assistance he needs, he shall sign either Medical Power of attorney, that will allow you, his attorney in fact, to make necessary medical decisions for him if he can not do it by himself; or General Durable Power of attorney that will allow you to handle any and all of his personal affairs.
As far as your brother resides in Texas the Power of attorney must be issued in Texas.
Disclaimer: Legal Helpmate is not a law firm and does not give legal advice. If difficult legal issues are involved, you should consult an attorney.
Best regards,
Customer Service
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| Joined 7 Jun 2022 9:39 am
2 posts
Unrated |
I HAVE A FRIEND WHO IS CURRENTLY INCAPACITATE IN AN ICU UNIT AND WE ARE UNSURE OF HOW HE WILL BE. HE MIGHT BE THIS WAY PERMANANTLY WE ARE NOT SURE YET. hE DID A DRUG OVERDOSE. HIS FAMILY WANTS NOTHING TO DO WITH HIM . HIS FATHER WONT RETURN CALLS. HIS MOTHER HAS TALKED TO ME AND TOLD ME SHE WOUDL SIGN AND WANTS ME TO HANDLE ALL HIS DECISIONS DRS FINANCIAL ETC UNTIL HE IS CAPABLE OF DOING IT HISSELF AND OR MAKE LIFE SAVING DECISIONS AND HELP FIGURE OUT A FUNERAL OR AFTER CARE IF NEED BE AS WELL AS HANDLE HIS FINANCES ETC. WE LIVE IN PA SHE LIVES IN MD. SHE IS VERY FUNNY ABOUT IT REFUSES TO COME AND SEE HIM WANTS TO BE CALLED OCCASIONALLY BUT NOT ALL THE TIME AND DEFINATELY WANTS NO RESPONSIBILITY. WHAT FORMS DO I NEED TO GET SIGNED BY HER SO I CAN TAKE ON HIS POWER OF ATTORNEY OR GUARDIANSHIP OR WHATEVER IT IS I NEED TO DO?
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| Joined 7 Jun 2022 9:39 am
2 posts
Unrated |
ANOTHER QUESTION IS THE MANIN MY PREVIOUS QUESTION HAS NO INCOME AND NO ASSETS. SHOULD HE DIE HE WILL HAVE NO MONEY FOR A FUNERAL NOR CAN I AFFORD IT. IF I HAVE HIS GUARDIANSHIP OR POWER OF ATTORNEY AM I RESPONSIBLE FOR PAYING THE EXPENSES OR CAN WE GET HELP FROM THE STATE FOR IT. AM I RESPONSIBLE FOR ANY UNPAID EXPENSES, IF I HAVE CONTROL OVER HIM SUCH AS GUARDIANSHIP OR POWER OF ATTORNEY? OR AM I ONLY RESPONSIBLE FOR DECISIONS AND PLANNING?
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Mary (Offline)
Ms.
UNITED STATES |
| Joined 22 Sep 2021 9:52 pm
2 posts
Unrated |
My mother has become very ill. Doctors say she has dementia along with various other illness'. My mother has no real property just SSI, small retirement and a buriel plot. She has no will in place and I am the oldest.
I realize I need to take care of her medical needs along with her finances but I do not know where to start. We are of low income but not really poor. I do have access to a computer and I do work. What can I do legally to protect my mother?
Thanks, Mary
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| Joined 26 Jan 2022 1:01 pm
136 posts
9.6/10 Rating |
Dear Mary:
The answer to your question depends on the degree of dementia your mother suffers.
The easiest way for her would be to execute two Power of attorneys naming you as her attorney in fact (agent): one is a General Durable Power of attorney for property and finance, and the second is Health Care Power of attorney.
In order for your mom to execute a Power of attorney she needs to be of sound mind; another word, she has to understand the nature and consequences of her acts.
Therefore, if your mom’s doctor decides that she is mentally incapacitated, it is too late for her to sign a power of attorney.
If this is the case you have to go through a court guardianship procedure.
Disclaimer: Legal Helpmate is not a law firm and does not give legal advice. If difficult legal issues are involved, you should consult an attorney.
Best regards,
Customer Support
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Mary (Offline)
Ms.
UNITED STATES |
| Joined 22 Sep 2021 9:52 pm
2 posts
Unrated |
Dear Legal Help Mate, thank you for your help. It is more or less what I had come to so what I will do is call a general family meeting and just come
to a general conclusion of agreement.
Once again I thank you so much for your help.
Mary
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