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My mother has dementia and I receive a insurance check from…

My mother has dementia...

My mother has dementia and I receive a insurance check from my brother death. Can I guide her hand to sign the check?

Lawyer's Assistant: Estate laws vary by state. What state are you in?

Pennsylvania

Lawyer's Assistant: What documents or supporting evidence do you have?

What do you mean?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am her caregiver since 1995.

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Answered in 5 hours by:
3/27/2018
Jessica B
Category: Estate Law
Satisfied Customers: 1,652
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 question. Please remember to rate my service at the end of this session. Thank you! Did your mother appoint you her power of attorney?

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Customer reply replied 3 months ago
No, and now it’s too late

Ok, is the check made payable to your mother's name?

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Customer reply replied 3 months ago
Is this $59.00 beside the $42 I alreadypaid

If you would like an attorney to call you it is an additional fee. You are not required to do the phone call if you do not want to. We may continue talking through this chat.

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Customer reply replied 3 months ago
Is this an additional $59?

No I believe the phone call is an additional $59

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Customer reply replied 3 months ago
No I would keep cheating on the phone.
Customer reply replied 3 months ago
I meant chating
Customer reply replied 3 months ago
the check is in my mother's name.

Is your name on the bank account with your mother or is the account in her sole name?

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Customer reply replied 3 months ago
My mother had an account with my sister.My sister died 1-7-18 and we had to put her in a nursing facility.My brother passed 6/22/10. My mother never claimed his insurance,the company sent a form I filled it out along with his death certificate.Now the check came and I don’t know what to do.

Unfortunately since your mother did not execute a Power of Attorney, your legal recourse is by becoming her court appointed legal guardian.

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The appointment of a Guardian for an adult individual requires a court Order that the person is “incapacitated” which requires the Court to determine that the individual’s ability to receive and evaluate information effectively, and to communicate decisions, is impaired to such a significant extent that he is partially or totally unable to manage his financial resources or to meet the essential requirements for his physical health and safety.

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When the Court appoints guardians for the incapacitated person, the court identifies a “Guardian of the Person” which makes the guardian responsible for personal decisions of the incapacitated person, including medical decisions, as well as a “Guardian of the Estate” which provides decision-making authority to the guardian over the financial affairs of the incapacitated person. A Guardianship involves only decision-making authority, and does not create any additional responsibility to financially support the incapacitated person by the guardian. Two or more responsible persons can act as Co-Guardians.

The process of obtaining a Guardianship Decree begins with the filing of a petition in the local county court which, in Pennsylvania, in known as the Court of Common Pleas. The Petition provides relatively detailed information with regard to the incapacitated person, such as his name, address, next of kin, financial resources, personal situation, and the nature of the disability of the alleged incapacitated person.

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Customer reply replied 3 months ago
I cant cash the check until then?

You may deposit the check in your mother's bank account. If you need to access to the money once it is deposited into her bank account you may need to become her guardian.

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Customer reply replied 3 months ago
Will the nursing able to take the check out of my account

The bank will not allow you to deposit the check into an account that does not have your mother's name on it.

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Customer reply replied 3 months ago
The account that my mother and sister had is still open can I deposit it there

Yes you can deposit it there but the bank is not going to let you access the account since your name is ***** ***** the account.

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Customer reply replied 3 months ago
thank you so much I very much satisfied this is so helpful thank you so much

Thank you! Please let me know if I may be of help in the future! Please remember to rate my service.

Jessica B
Category: Estate Law
Satisfied Customers: 1,652
Experience: Attorney at Donald B. Linsky & Associates, PA
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Jessica B and 87 other Estate Law Specialists are ready to help you
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