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i live in california. my father is in the va hospital in amarillo, texas.he said that he was going to make me his trustee for his estate. before we could do it he got ill and was admitted to the hospital. since then, they have kept him medicated with morphine and he can't think right. they say that it is a uninary infection that makes him irrational, but others in my family have had morphine in hospitals and after three days they are out of their right minds. the hospital personnel refuse to take him off of the morphine. he cannot legally make out his living trust the way that he is now. i will be going to texas saturday, oct. 10 , and returning to california wednesday, oct 14. can we get this settled monday and tuesday of next week?? also, what is the legal fee for the procedure??pamela w. padilla XXX@XXXXXX.XXX
State/Country relating to Question: Texas Already Tried: have tried talking to the hospital personnel on the phone, but they refused to discuss the issue
by "get this setted" what do you mean?
my father needs to be off of the morphine so that he can be rational and let you (attorney) know what he wants in his living trust. in the meantime, he has various bills, utilities, car payment, ect. that have to be paid and no one is authorized to use his bank account to pay the outstanding bills. he is not a rich man, so there is not a lot of money in his account, but the bills will not go away.
thank you for the clarification, no this cannot be resolved in two days. This is because you would not be able to go to Texas and dictate to the hospital the proper course of treatment. In order to get the Power of Attorney, you would have to petition the court for it, and the court would not hear the matter within 48 hours.
can we have an attorney prepare the proper paperwork and petition the court for a hearing without my being there? also can the attorney represent me at the hearing? what would the approximate fees be for this service. my intentions are that the attorney fees would come from my father's account
1) yes, an attorney could prepare the proper paperwork and petition the court for a hearing without your being there.
2) yes, the attorney could represent you in the hearing.
3) fees would be approx $1500-$2000.
will this work if my father is kept on medication and is irrational?
yes it will, the point of asking the court for a determination on PoA is for situations just like this (where the party in question is unable to authorize consent to the PoA due to diminshed capacity).
Attorney
Negotiate, Draft, and Review many complex commercial agreements each year.