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no power of attorney

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daxton

Guest
Indiana- My mother is currently in the process of dying due to many terminal illnesses brought on from years of smoking. She is now in the Hospice(sp?) program to help her cope better with her death. She has no will of any kind, no trusts, and has not selected a power of attorney. Over the coarse of the past weeks she has been giving many of the family momentos to the persons she wants to have them. She gave me special chair of hers, so last night she wanted to make sure I brought it home with me, and I did. My brother gave me a phone call later and told me that what I did was illegal because I took something out of her estate. I believe this to false. She gave it, I did not take it. I have many witnesses to that fact. Like I stated earlier, she never has named a power of attorney, however in order for her to be addmitted in the home hospice program my brother had to sign a paper giving him the medical title to the equivalent of being the power of attorney. I am unsure of what that title is. My mother is still compitant, and able to make her own decisions. My question is was my brother correct-was accepting the chair unlawful? And can he dictate what my mother wants to give to her family just because he has the medical equivant of being power of attorney? I am sorry this is so long, I appreciate greatly you taking the time to answer this for me. I ask to please get back to me soon, I know you will. Again thank you very much.
 


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lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

If she declared herself incompetent, then yes, your bother is right. the key is that piece of paper.

If that piece of paper stipulates she delcared herself incompetent, your brother prevails. If not, she is free to do with it as she pleases.
 

ALawyer

Senior Member
I can see a problem coming up in your family.

You and your brother had better take care to speak about who gets what now, and how the expenses of her stay will be covered. If she is competent, geting her to sign a Will or Trust makes sense to avoid future fights and to reduce the cost of handlng the distribution of the assets.
 

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