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Next of kin needing power of attorney?HELP

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C Ohms

Junior Member
What is the name of your state?Chattanooga ,Tennessee
Recently my mother (whom is divorced) has suffered a massive heartattack and was in ICU since the 13 th of this month.Her brain went for atleast 8 min without oxygen.The doctors told me that since she has no living will and I am the oldest child and there is no spouse that I have the responsability of "next of kin".As time has went on the doctors have givin me some choices on what can be done and the most likely results to each option.I have made these desicions after consulting with my husband,my mothers boyfriend,and the rest of the family.
But I have noticed in some cases concerning business outside of the hospital that "next of kin" isnt respected near as much.I have asked around and I am told that I need too obtain power of attoney.How do I do this when my mother is 90% brain damaged and cant give consent? Please help! Thank You!
 
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BelizeBreeze

Senior Member
You can't do this without the court's permission. And that would require a petition for guardianship.

You need an attorney to discuss the avenues you will need to pursue and one who knows the local court system. The court will also appoint a guardian for your mother during the process. It's normal so don't take offense to it.
 

BlondiePB

Senior Member
Also when you petition for guardianship of your mother, include you being appointed as her Health Care Surrogate/Health Proxy. Just being appointed guardian over another person does not mean that the guardian is allowed to make medical decisions for the ward. The court order must state so.

You MUST know what your state statutes say about being one's Health Care Surrogate/Proxy regarding medical decisions for a ward - especially end-of-life decisions. Should you decide to remove any life support for your mother, you MUST petition the court for permission to do so. Otherwise, you could be facing criminal charges.
 

C Ohms

Junior Member
conservership?

I have been told I need to get conservership over my mother,what is this and how do I get it?,through the courts? which courts?
 

BlondiePB

Senior Member
C Ohms said:
I have been told I need to get conservership over my mother,what is this and how do I get it?,through the courts? which courts?
First thing tomorrow morning, go to the probate division of the courthouse in the county where your mother resides and file "Emergency Conservator". Depending on one's state is whether it is conservator or guardian. Look on line in your state's statutes for information. Remember, to also include appointment as Health Care Surrogate/Health Care Proxy. You MUST also be appointed as your mother's HSC or HCP to make medical decisions.
 

C Ohms

Junior Member
Thank You VERY MUCH for all your help!!!!

BlondiePB said:
First thing tomorrow morning, go to the probate division of the courthouse in the county where your mother resides and file "Emergency Conservator". Depending on one's state is whether it is conservator or guardian. Look on line in your state's statutes for information. Remember, to also include appointment as Health Care Surrogate/Health Care Proxy. You MUST also be appointed as your mother's HSC or HCP to make medical decisions.
Thank you soooo very much for your help!!!!
 

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