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No Living Will, No Power of Attorney


DBeasley

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My Aunt had a stroke approximately one month ago. A vessel burst in her brain according to the doctor...they called it a bleeder. She is 74, but was an active, vibrant woman...no one would have guessed that she was that age. She is completely paralyzed on her right side, can speak only a few words randomly/changes from day to day. We elected (the hospital asked us without any legal paperwork) to have a feeding tube inserted because she was not swallowing properly. Afterward, the doctor told us that we should not expect her to improve. She is now in a rehab center and is responsive and as active a one can be when unable to use one side, but does not seem to be improving. I and 5 other nieces/nephews are her closest relatives. She has no living will and no power of attorney that we have access to. She has a safe deposit box, but we can not access it. An attorney has told us that we must file for gaurdianship through the court. She has a sizeable estate, and of course, her care is of primary interest, but we're also concerned about what may happen to her estate. Has anyone experienced this or can anyone advise me as to what to expect/how to peoceed? Thank you in advance.....this is so difficult

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Guest lwisman

Posted

I am very sorry to hear about your Aunt and you current problem with finances.

 

Our family lawyer told us many years ago to be sure to have Power of Attorney and Power of Health for our Mother. Fortunately for us she was still able to sign her name at that point (She was an Altzheimer's patient). He told us, as you have been told, that if someone cannot sign their name, you have to go to the courts to get guardianship. I am sure your lawyer can tell you what the steps are.

 

In my case I was only 46 when I had my stroke, so no one had thought a Power of Attorney necessary. My family had the problem you do of not being able to get to my assets to pay bills. My sister paid my bills from our joint checking account we have for business purposes. Fortunately there was enough to cover for a few months until the legalities could be dealt with.

 

Once I was conscious of what was happening, the hospital suggested that I make and X on Power of Attorney forms which they were willing to witness. They witnessed because they could tell I knew enough to know what I was doing. I just could not sign my name. That way my sister could get to my bank accounts.

 

BTW, we are now both signers on each others accounts. That way this problem will not arise again for either of us.

 

Good luck to you.

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