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I live in Colorado. My father-in-law recently had a stroke…

I live in Colorado...

I live in Colorado. My father-in-law recently had a stroke and is in the hospital, unconscious and unable to make decisions. My husband, his son, needs to gain access to his dad's apartment so we can clean it out and move out of it. However, the landlord will not open the apartment for my husband so he can get his dad's key, because my husband doesn't have power of attorney. My father-in-law is unable to grant this now...how do we gain access to the apartment so we can get my husband's dad's personal belongings out of it since he will not be returning to the apartment?

Lawyer's Assistant: Have you talked to a CO lawyer about this?

Not yet...we just found out today that we wouldn't be able to gain access to the apartment.

Lawyer's Assistant: What steps have you taken so far?

We talked to the property manager who sent something to the owners of the complex to see if she could let my husband in. The answer that came back was no. Now we're stuck and don't know what to do next.

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

I don't think so, except my husband is his dad's medical proxy. He just doesn't have a durable power of attorney.

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6/2/2018
Thelawman2
Thelawman2, Attorney
Category: Legal
Satisfied Customers: 2,547
Experience: Attorney-at-Law
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Hello, my name is ***** ***** I will be helping you today.

What you would need to do is have a guardian appointed (preferably yourself) via a judicial order. You would need to file a petition for a determination of incapacity for your husband's father.

Here are the instructions that you can follow: https://www.courts.state.co.us/Forms/PDF/JDF%20840%20Instructions%20for%20Adult%20Guardianship%20R8-14%20(FINAL).pdf

However, you might want to hire a family law attorney to help you with this process.

Thelawman2
Thelawman2, Attorney
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Customer reply replied 2 months ago
Ok...thank you. We'll consult with our attorney then and see if she can help.

You are welcome. Please remember to provide a positive rating so I get credit for helping you today!

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