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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 37016
Experience:  30 years in civil, probate, real estate, elder law
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My oldest brother is currently in the process of dying at a

Customer Question

My oldest brother is currently in the process of dying at a hospice residence in Springdale, AR. We have found out that he is not physically or mentally capable of making any decision. My 2nd oldest brother is at his side. He has no wife (deceased) and has no children so he has no one other than my brothers and I to make any arrangements for him. We are finding it difficult to do anything at this point because no one has power of attorney. He has no will, very little income (social secuirty), lives in a boarding house, and only had a checking account with $1000 life insurance. We are unable to obtain any information. He was in the military and we have talked with the VA Social Worker today. She was very familiar with him and knows him well as well as she knew he saw a psychiatrist at the VA who has stated that even before he became ill he did not believe he was capable of handling his own affairs. How does my 2nd oldest brother become power of attorney or whatever he needs to do so he can gain access to his personal belongings (from the boarding house, wallet from hospital, etc) and arrange and carry out his burial. I know this is lengthy, but felt you needed to know the entire scope of things. My oldest brother has been indigent and even lived in a tent for 2 years on a river within the last several years so he really has nothing of value, but he is our brother and we have to take care of him the best we can. Thank you.
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you tonight.

You should contact APS here to see if they can help with a conservatorship/guardianship.If you are able to get this before he deceases you can add someone to his account as right of surivorship and authorized to act here and claim the body.It is very possible the court will authorize all of this.I think APS will be able to help--this amounts to self neglect because he is unable to care for himself and you need help with conservatorship/guardianship.This would be where I start hoping to get this going while he is still alive..

1-***-***-**** - Adult Abuse Hotline

It is tool late for a POA here because he lacks capacity you need court appointed conservotorship/guardianship.Conservatorship in financial management , guardianship allows you to make health decisions if necessary here.

I appreciate the chance to help you tonight.Please let me know if you have more follow up.

Expert:  Ray replied 1 year ago.

Reference to Conservatorship/Guardianship..

https://www.arlegalservices.org/files/FSGuardianship.pdf