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KimberlyLaw, Lawyer and Real Estate Broker
Category: Family Law
Satisfied Customers: 4219
Experience:  13 years of experience practicing law.
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My parents live in oklahoma in a very small town (no stop

Customer Question

My parents live in oklahoma in a very small town (no stop light!), both are in frail health. The memory is failing.
I live out of state and its a problem talking with their doctors. Every time my parents go to the hospital, I ask my parents to give permission to speak with the doctors. I have a brother who is estranged from the family, every time I ask my parents to give permission to the doctors and nurses to talk about their medical issues with me, brother finds out and takes over. The last time the doctor called him with discharge instructions which my brother did not communicate to my parents.
I am trying to figure out the best way to help my parents, I think it is a durable power of attorney. I need to confirm:
Is a durable power of attorney all I need to be able to speak with doctors and direct medical care without my brother being able to insert himself?
Submitted: 1 year ago.
Category: Family Law
Expert:  KimberlyLaw replied 1 year ago.

Hello, I am happy to assist you today. My name is ***** ***** I am a licensed attorney of 14 years.

I don't think that a power of attorney will help you at this point. That only gives you the right to sign documents, but doesn't give you the right to make medical decisions.

What you need is a guardianship, which you can only get if a doctor determines that your parents are no longer capable of making those decisions for themselves. If their memory is failing, that should be sufficient. I am the guardian of my uncle, who has alzheimer's, and I can make all medical and financial decisions on his behalf.

If you file for guardianship, your brother will have the opportunity to participate, so I have the feeling that you will both be trying to get that position. So the judge will have to decide who is better suited for that role.

Please let me know if you have any questions about this before rating my answer.



Expert:  KimberlyLaw replied 1 year ago.

Hi there, this is Kim, the attorney who helped you yesterday.

I see that you haven't asked any follow up questions, and your question is still open.

If you are all set, please go ahead and close out the question with positive feedback, so I get credit for my work with you.

Thank you!