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My mother recently had a stroke and is currently in the

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hospital (unable to fully communicate)...
My mother recently had a stroke and is currently in the hospital (unable to fully communicate). My parents have separate bills/accounts. What options doesn't my dad have in order for him to take control over paying my mom's bill while my mother in unable to.
Submitted: 11 months ago.Category: Estate Law
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Answered in 3 minutes by:
9/7/2017
Estate Lawyer: Jessica B,
 replied 11 months ago
Jessica B
Category: Estate Law
Satisfied Customers: 1,804
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello. My name is ***** ***** I am a licensed attorney. I hope I may be of assistance with your issue. For starters, did you mean "What options DOES my dad have in order for him to take control over paying mom's bills?

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Customer reply replied 11 months ago
Im sorry. What are his options and what does he need to do (legally)
Estate Lawyer: Jessica B,
 replied 11 months ago

First, did your mother ever execute a Power of Attorney? If she did, the named individual would be the person with the authorization to satisfy her outstanding bills.

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Customer reply replied 11 months ago
She has not yet and is unable to at the moment- the stroke was sudden. My dad will be paying her bills from his account so he wouldnt be touching the money in her accounts - just setting up automatic drafts from his to cover her bills.Also the recovery is long term - what can my dad do to ensure her affairs are taking care of during this time?
Customer reply replied 11 months ago
My dad will have a power of attorney drawn up but if she is unable to sign - what are other options? How limited is the POA?
Estate Lawyer: Jessica B,
 replied 11 months ago

Unfortunately without an executed Power of Attorney, your dad will have to Petition the court to become her guardian. The guardianship would then be terminated once she becomes competent and able to execute a Power of Attorney. Is your mother located in Alabama?

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Customer reply replied 11 months ago
My parents are residences of Alabama but she is being treated in Columbus GA. What are the steps to petition for temporary guardianship?
Estate Lawyer: Jessica B,
 replied 11 months ago

The process is begun by “an interested person” filing:

  1. A Petition for Appointment of Guardian or Conservator or both. (The petitioner does not necessarily apply to be appointed him/herself.) See Alabama Code § 26-2A-103 and 26-2A-133(b).
  2. An Order Setting Date for Hearing, Directing Notice and Appointing Guardian ad Litem, for completion by the probate clerk. This will list the names and relationships of all who must be notified.
  3. A Petitioner’s Notice of Hearing must be prepared and signed by the petitioner for personal service on the Ward and each other person entitled to notice (unless a Waiver of Notice is filed). Service may be by certified mail in most cases, but not on the Ward. It speeds up the process and reduces costs if those entitled to notice sign Waivers of Notice making service by process server or certified mail unnecessary.
  4. The Probate Court appoints a “Guardian ad Litem” (guardian "for this time")- usually an attorney - to represent the person alleged to be incapacitated and only that person, and also a physician to examine the allegedly incapacitate person and give an opinion about whether (s)he believes appointing a guardian or conservator is in the person's best interests.
  5. The Probate Court will set a date for hearing the Petition that will allow time to make appointments and get reports back, and for notice to be given to those entitled to it if Waivers have not been filed for all of them.
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