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N Cal Attorney
N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 8152
Experience:  since 1983
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Family member hospitalized now elsewhere. What should I be

Customer Question

Family member hospitalized now elsewhere. What should I be doing now? I am concerned about afterwards. Have new n a m e
Submitted: 1 year ago.
Category: Legal
Expert:  N Cal Attorney replied 1 year ago.
I'm sorry to hear this.

Has the person in the hospital signed a Will or an advance health care directive or power of attorney for health care decisons?
Customer: replied 1 year ago.

Unfortunately not. And I , Mom, have been caregiver after many serious illnesses and traumatic accident. I have a simple POA and am the sole caring next of kin. Pt. is on Medicare&Mcaid. Has MH also and d/c'd meds. I am the history book too.


 


 

Expert:  N Cal Attorney replied 1 year ago.

I don't understand:
Has MH also and d/c'd meds. I am the history book too.

 

Please clarify that.

Customer: replied 1 year ago.

Mental and physical issues. I have lived through all &
have devoted my life to caregiving & supporting.,

Expert:  N Cal Attorney replied 1 year ago.

Thank you.

I'm sorry I didn't understand that and I still am not sure what "and d/c'd meds" means. I cannot speculate.

Is the patient competent to sign a will or a Power of Attorney?

Does the patient have a spouse or children?

 

 

Customer: replied 1 year ago.


No spouse nor children. I do have limited POA for many years but it is not durable. Unsure if competent so sign.

Customer: replied 1 year ago.

d/cd is short for discontinued.

Expert:  N Cal Attorney replied 1 year ago.
With no spouse or child, the parents are the sole intestate heirs, see
http://www.mystatewill.com/statutes/pa_law.htm

People are presumed to be competent unless proven otherwise. There is an advance directive form posted at
http://www.dsf.health.state.pa.us/health/lib/health/publicnotices/Sample_Forms_for_Advance_Directives.pdf

My answer assumes the patient is a Pennsylvania resident. Please let me know if I'm wrong about that, and if you have a specific question.

I am sorry that you are going through such a painful situation.
Customer: replied 1 year ago.

A difficult situation indeed. As I have said, it is I, his Mom, who have been thru thick and thin and looking out for his best interests as can be attested to by all who know me & the situation. The accident in which he was traumatically injured nine years ago, we settled in 12/09. The accident occurred in one county, the PI atty. was from yet another county where the suit was filed., Shortly afterwards, he took it to yet another adjoining county (??) Medicare and Medicaid liiens were satisfied. Said he did NOT know about trusts etc. (untrue). Sent me to an atty. who dealt with such issues. The advice of that atty., the PI would not accept. I incurred debt as a result. Then the PI decided to take the issue to court and there were 3 court hearings. And I incurred more debt and then was directed back to the atty. who gave advice previously. More debt. Then I was told that I MUST get guardianship even though I have had a perfectly legal POA.. The atty. got his 40% cut and we still have no $. Dental work was badly needed and I have incurred much personal debt as I have been paying out of pockets for any needs except for dental which has now exceeded our means and at the time would have been much less costly. And the dental work needed is now more costly due to the increase in materials etc. How unfair could this be. It has cost me in $ & suffering!

Expert:  N Cal Attorney replied 1 year ago.
I am sorry to hear this.

If the lawyer is refusing to honor the power of attorney, you can either humor him and get appointed as guardian, or you can sue him to release the funds. The first option is probably the path of least resistance since it sounds like you can become guardian almost immediately based on the medical situation.

You can get a free consultation from some of the guardianship lawyers listed by location at
http://lawyers.findlaw.com/lawyer/practicestate/Estate-Planning/Pennsylvania

I hope this information is helpful.

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