My brother has Alzheimer's and is not competent. He is still at home with home health care workers providing support. His sister who has health care and financial power of attorney and is his named executor of his estate is critically ill and not expected to recover or regain consciousness. All mentioned are Pennsylvania residents. What is needed to appoint another family member as executor and power of attorney for his health care and management of his funds to pay bills and manage his health care workers? Can an out of state (Ohio) relative be appointed?Mary Ann BradshawDavis, CA
State/Country relating to question: Pennsylvania
Thanks for your questions and good afternoon.You have a could of different issues here.You would have to apply here in Pennsylvania or where ever he is located for guardianship over the person and the estate.Since he is incompetent he cannot do a new POA in this situation.You would need to make application in the county where he is located and you are likely going to need a lawyer to assist in filing and attending a hearing.It is possible to have an out of state person appointed if no other relative is capable of serving.As far as executor this would not be a problem until he deceases and then you or another relative can make application to probate the will and ask that you be appointed as executor.Any time the name individual is unable to serve as executor an alternate may be appointed by the probate court.Again here since he is incompetent he cannot change his will because he lacks capacity to do so and a change in executor would have to be done in probate by the court and the judge.A lawyer here can help you with guardianship now and probate later when the need occurs.Reference to guardianship in PAhttp://eriecountygov.org/dept/courtadmin/pdf/GuardianHandbook.pdfLawyer referralhttp://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=PAIf you have follow up please just ask.I am sure that all of this can be overwhelming.It is never a problem.
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Texas lawyer for 29 years in Estate law
Thanks again for letting me help you Mary Ann.If you have more questions let me know.RayAnswers41111.7809460648
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