Power of Attorney

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RiverDog

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Mar 15, 2007
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My brother is in Cleveland Clinic and will most likely not recover or if he does will probably spend the rest of his life in a nursing home. I am the only surviving relative. I need to get a Power of Attorney to both make medical and financial decisions. Is there any free way to do this?
 

Vette73

Lifer
Jul 5, 2000
21,503
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Sorry to say if he is not of sound mind he can not grant that. You would have to get a court order. But you may not need it if you can prove your relation and last living relative.

But each state is also different but what I said seems to be the most common.
 

RKS

Diamond Member
Oct 9, 1999
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Originally posted by: RiverDog
My brother is in Cleveland Clinic and will most likely not recover or if he does will probably spend the rest of his life in a nursing home. I am the only surviving relative. I need to get a Power of Attorney to both make medical and financial decisions. Is there any free way to do this?

probably not but I may be able to email you some great samples.

edit: sorry to hear about your brother
 

nageov3t

Lifer
Feb 18, 2004
42,808
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TBH, I'd consult with a real lawyer who's accredited in whatever state your brother declares residency in no matter what AT says... but I'm pretty sure that court order is the way to go.

hospitals might defer to you as the last living relative, PoA or not, but I'd imagine banks are going to want something more substantial than your say so.
 

RiverDog

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Mar 15, 2007
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Originally posted by: loki8481
TBH, I'd consult with a real lawyer who's accredited in whatever state your brother declares residency in no matter what AT says... but I'm pretty sure that court order is the way to go.

hospitals might defer to you as the last living relative, PoA or not, but I'd imagine banks are going to want something more substantial than your say so.

The hospital has been allowing me to make the decisions as far as his care. The financial is the problem area, I want to make sure his bills are paid and services shut off. He lives in Ohio and I'm 350 miles away in PA. I don't know any lawers there or even what to do. I don't have the money to hire attorneys either. The hospital is trying to get him medicare coverage. He's been in a coma since the 5th so there is no way to have him sign anything.
 

RKS

Diamond Member
Oct 9, 1999
6,824
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Originally posted by: RiverDog
Originally posted by: loki8481
TBH, I'd consult with a real lawyer who's accredited in whatever state your brother declares residency in no matter what AT says... but I'm pretty sure that court order is the way to go.

hospitals might defer to you as the last living relative, PoA or not, but I'd imagine banks are going to want something more substantial than your say so.

The hospital has been allowing me to make the decisions as far as his care. The financial is the problem area, I want to make sure his bills are paid and services shut off. He lives in Ohio and I'm 350 miles away in PA. I don't know any lawers there or even what to do. I don't have the money to hire attorneys either. The hospital is trying to get him medicare coverage. He's been in a coma since the 5th so there is no way to have him sign anything.

Like loki said, contact the probate court for the county in which he resides for further guidance.
 

rudder

Lifer
Nov 9, 2000
19,441
86
91
Originally posted by: loki8481
TBH, I'd consult with a real lawyer who's accredited in whatever state your brother declares residency in no matter what AT says... but I'm pretty sure that court order is the way to go.

hospitals might defer to you as the last living relative, PoA or not, but I'd imagine banks are going to want something more substantial than your say so.

Yeh professional advice is the way to go. Normally you can download a canned power of attorney, sign it in front of a notary and be done. But you are dealing with someone who does not have 100% of their mental facilities and this could cause problems down the road. Especially if they have valuable assets.
 

RiverDog

Senior member
Mar 15, 2007
409
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Just a final update, I wrote the Probate Court in Cuyahoga County, Ohio and got this back.

"I'm not sure who to contact or how to go about requesting Power of Attorney over my brother.

His name is xxx and address is xxxxx. I received a call from the Bedford police on Sunday April 15, 2009 stating that they had found my brother unconscious lying on the street somewhere in Bedford. He was admitted to Hillcrest Hospital, in Cleveland in a comatose state and later transferred to the ICU at Cleveland Clinic. He has not regained consciousness and has had several seizures since being there. They believe he has encephalitis and his prognosis is not good. At best, if he can survive he will require nursing home care for an extended time if not for the rest of his life. I am the only living relative left in out family and want to be able to take care of his financial and medical needs. I live in xxx, PA, about 350 miles away and don't know what I need to do. I have very limited financial means to visit or hire an attorney and frankly wouldn't know where to start. I was advised to contact the Court in his jurisdiction for advice and am doing so with this email. I am in the office until 3:45 M-F and can be reached at home at xxx. If somebody can give me a call or email with advice it will be greatly appreciated.

Thank you,

"We do not grant powers of attorney in the probate court. Powers of attorney must be granted by an competent person and if your brother is not conscious, you cannot be his POA. You could apply to be his guardian in this court. This would require you coming here for a hearing. For advice or questions on how to get started, please contact the Guardianship Department"

So basically there is nothing I can do. I can?t afford another trip over there or to hire an attorney here. I?ll have to let the state do whatever they think best. So that means his bills won?t be paid, taxes, etc. I appreciate the people here who gave me the advice, Thanks.
 
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