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Richard, Attorney
Category: Legal
Satisfied Customers: 55702
Experience:  Attorney with 29 years of experience.
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Good Afternoon, I have a brother who was recently put in

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Good Afternoon,

I have a brother who was recently put in a nursing home in Bridgeport Conn. I want to know how I can have him transferred to the Bronx and how do I obtain power of attorney for him and also get a health care proxy for him as well.....
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. Is your brother mentally competent? Thanks.
Customer: replied 4 years ago.

No he is not....he has had 2 major strokes...he is partially paralyzed on his right side and uses a motorized wheel chair....His short term memory is gone...


Thank you so much for replying. Since he is not mentally competent, he is not legally capable of giving you a power of attorney. Thus, you'll need to file a petition in family court to have him declared mentally incapable of handling his affairs and to ask the court to appoint you as his guardian. Once the court appoints you to act as guardian on his behalf, then that appointment gives you all the authority to act on your brother's behalf..including both medical and financial decisions.

This is the part of my job I don't like...when the law requires a hurdle of my customer that makes the process more difficult that is seems it should be. I wish I could tell you could get this authority without going to court, but I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
Customer: replied 4 years ago.

Which court do I petition New York or Connecticut????

If his residence was in the Bronx prior being transferred to the nursing home, you would file this in the Bronx. If Connecticut is more convenient, you could file it there, but typically you would file it in the county in which he resided prior to the nursing home move.
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