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J

jwnckg

Guest
What is the name of your state? IL

My father was involved in a motorcycle accident 3 days ago--he has suffered a very bad head injury and multiple other injuries. He has overcome the most critical time with the head injury and will be on his way to recovering within the next few weeks. We have no idea right now if he has suffered any brain damage, but he does move and squeeze fingers when asked to do so.

My legal problem right now is that my sister has come up from Florida and has tried to take control over everything, the day after the accident she was at his house going through bills and his checkbook--etc. I live 6 miles from my father here in Illinois, and I was upset that she took it upon herself to take control of these matters without disscussing anything with us.

I was informed this evening during visitation that my sister from Florida has asked that she be Power of Attorney and she wants to take care of all of his financial matters from Florida. This has upset me because I live closest to dad and it would be much easier for me to handle such matters--I do not work and I have plenty of time to do so--I will be the one taking care of dad most of the time when he returns home--so I believe that it would be the easiest and smartest thing would be to let me handle his financial matters as well--the bills will be coming to his house and I find it unreasonable to have them be sent all the way to Florida and back when I am fully capable of handling this myself.

I need advice pretty quick because they are talking of doing this on Monday--tomorrow I will speak to her and tell her how I feel--but she is very controling and sometimes unreasonable. Can anyone give me any advice regarding this--I would very much appreciate it!!

Thank you and I am very sorry for the length of the post.

Janet
 


I AM ALWAYS LIABLE

Senior Member
My response:

Janet, the only way to take control is to hire a Probate attorney on Monday to file an immediate, emergency "Petition for Conservatorship of the Person and Estate" of your father. However, since you don't have a job, and probably not enough money to pay an attorney, it's unlikely that you'll be able to wrangle this "preemptive strike."

Good luck to you and your Dad.

IAAL
 
J

jwnckg

Guest
Thank you for your advice---however, she isn't going through an attorney to do this--it will be through the hospital.

I wanted to also ask if it would be possible to list both of us as POA's? I believe that she would probably agree to this if it is possible to do so.

Do you know anything about the going through the hospital to obtain Power of Attorney versus going to a regular attorney--will the rights and limitations be the same?

Thanks in advance for any answers you may have for me.

Thank you very much!
Janet
 

I AM ALWAYS LIABLE

Senior Member
jwnckg said:
Thank you for your advice---however, she isn't going through an attorney to do this--it will be through the hospital.

I wanted to also ask if it would be possible to list both of us as POA's? I believe that she would probably agree to this if it is possible to do so.

Do you know anything about the going through the hospital to obtain Power of Attorney versus going to a regular attorney--will the rights and limitations be the same?

Thanks in advance for any answers you may have for me.

Thank you very much!
Janet

My response:

Janet, you have stated, in essence, that you and your sister can't get along right now; i.e., that she's "controlling". Then, what makes you think that you'll "get along" with her under a joint POA ?

You need to file for Conservatorship of your father. That's that only thing that will "trump" your sister, and her POA - - and, that's assuming she can even get one in the first place, taking into consideration the fact of your father's head injuries, and his near non-communicative abilities at the present time. Remember, a POA must be a cognitive and free choice. Your father, from your description, is incapable of giving a POA.

Therefore, you need an attorney to obtain an emergency, ex-parte, Conservatorship - - naming you as the Conservator and the only person who can make decisions for your father's medical care, person, and Estate. Without it, your sister will, and again from your description of her, run all over you.

Again, good luck and my best wishes.

IAAL
 
B

buckspc

Guest
Medical POA only

Janet,
I think what you mean about the POA at the hospital must be only a medical POA, for health matters, such as to keep your father alive or not if it were an issue. I don't think the hospital could give any other kind of POA except for health to your sister. Hope your father recovers, Buckspc
 

Dandy Don

Senior Member
Since you think he is going to recover and if he is able to communicate, I don't think you have much to worry about. The only reason you would need to be concerned is if he was seriously injured and unconscious almost to the point of death.

Sister is trying to get medical power of attorney so she can make the decision if he needs to be "taken off of life support" but it looks like that does not apply here. You should follow the advice of a previous posting to get conservatorship. You don't want 2 people listed on a power of attorney since it is too difficult to get 2 people to agree on anything. One person needs to be in charge.

Let this be a warning to your dad that if he hasn't prepared a will, then he needs to get one done to decide how his assets will be divided after he is gone. He should also have named beneficiaries on his checking and savings accounts.
 

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