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sjr1016a

Junior Member
What is the name of your state? Maryland

My brother recently suffered an anuerysm and had to have brain surgery. He will be incapacited for a few months but his bills need to be paid. He is not married so it is up to me and my mom to pay his bills. What is the best route to go to get access to his funds in his bank to pay his bills?

Thanks
 


H

HomeGuru

Senior Member
sjr1016a said:
What is the name of your state? Maryland

My brother recently suffered an anuerysm and had to have brain surgery. He will be incapacited for a few months but his bills need to be paid. He is not married so it is up to me and my mom to pay his bills. What is the best route to go to get access to his funds in his bank to pay his bills?

Thanks
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**A: yes, you need legal counsel.
 
C

curb1

Senior Member
Go to his bank, and ask. They will tell you exactly what you will need. It is very simple. No need to spend a bunch of money with an attorney for this.
 
B

BlondiePB

Senior Member
curb1 said:
Go to his bank, and ask. They will tell you exactly what you will need. It is very simple. No need to spend a bunch of money with an attorney for this.
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The OP may, indeed, require an attorney. More info is required to determine this.
 
S

sjr1016a

Junior Member
curb1 said:
Go to his bank, and ask. They will tell you exactly what you will need. It is very simple. No need to spend a bunch of money with an attorney for this.
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I asked his bank and they said they needed something from the court giving me power of attorney.
 
S

sjr1016a

Junior Member
BlondiePB said:
The OP may, indeed, require an attorney. More info is required to determine this.
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What information do you need? I am not sure I follow. My brother isn't married, he doesn't have any kids over 18 and he is in the hospital recovering from open brain surgery and he is not responding to commands as of yet. He has not come out from sedation. The doctors are saying it could be from 2 months to 6 months for recovery. I have to pay his rent and some other utilities but need access to his account to pay them.
 
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BlondiePB

Senior Member
sjr1016a said:
What information do you need? I am not sure I follow. My brother isn't married, he doesn't have any kids over 18 and he is in the hospital recovering from open brain surgery and he is not responding to commands as of yet. He has not come out from sedation. The doctors are saying it could be from 2 months to 6 months for recovery. I have to pay his rent and some other utilities but need access to his account to pay them.
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What I bolded in your quote is the info needed. Your brother cannot sign anything and requires a temporary guardianship. Is anyone his medical POA - per a valid document stating so?
 
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BlondiePB

Senior Member
sjr1016a said:
No he doesn't have one.
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Thank you.

Go to the hospital administrator who can provide you with information to take to the court (probate division) to be your brother's plenary guardian (over both person & estate) and to be his health care surrogate/proxy. Bring the documents to the court house and ask the nice clerk for papers to fill out for emergency/temporary guardianship.

Emergency guardianships are expediated by the court. Hire an attorney because guardians must have a guardian attorney.
 
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sjr1016a

Junior Member
BlondiePB said:
Thank you.

Go to the hospital administrator who can provide you with information to take to the court (probate division) to be your brother's plenary guardian (over both person & estate) and to be his health care surrogate/proxy. Bring the documents to the court house and ask the nice clerk for papers to fill out for emergency/temporary guardianship.

Emergency guardianships are expediated by the court. Hire an attorney because guardians must have a guardian attorney.
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Is this reversible? Can I go back to the court when my brother is well enough to make his own decisions and stop the guardianship?
 
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BlondiePB

Senior Member
sjr1016a said:
Is this reversible? Can I go back to the court when my brother is well enough to make his own decisions and stop the guardianship?
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Temporary guardianships have an ending date on the court order. Should your brother be able to handle his affairs prior to the ending date, yes, you can petition the court to be discharged as your brother's guardian.

You must place your brother's money in a designated guardian account. You will have to report to the court (via an accounting) of every penny of your brother's money. See an attorney who will help you set up the account and provide you with the details of how to exactly close your brother's current account.
 
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sjr1016a

Junior Member
BlondiePB said:
Temporary guardianships have an ending date on the court order. Should your brother be able to handle his affairs prior to the ending date, yes, you can petition the court to be discharged as your brother's guardian.

You must place your brother's money in a designated guardian account. You will have to report to the court (via an accounting) of every penny of your brother's money. See an attorney who will help you set up the account and provide you with the details of how to exactly close your brother's current account.
Click to expand...

We actually have to close his account at his credit union? His paycheck is direct deposited to his credit union which he is still receiving.
 
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