Family Law Questions? Ask a Family Lawyer Online.
Hello, I am happy to assist you today. My name is ***** ***** I am a licensed attorney of 14 years.
I don't think that a power of attorney will help you at this point. That only gives you the right to sign documents, but doesn't give you the right to make medical decisions.
What you need is a guardianship, which you can only get if a doctor determines that your parents are no longer capable of making those decisions for themselves. If their memory is failing, that should be sufficient. I am the guardian of my uncle, who has alzheimer's, and I can make all medical and financial decisions on his behalf.
If you file for guardianship, your brother will have the opportunity to participate, so I have the feeling that you will both be trying to get that position. So the judge will have to decide who is better suited for that role.
Please let me know if you have any questions about this before rating my answer.
Hi there, this is Kim, the attorney who helped you yesterday.
I see that you haven't asked any follow up questions, and your question is still open.
If you are all set, please go ahead and close out the question with positive feedback, so I get credit for my work with you.