Power of attorney

[NellieBly]

What is the name of your state (only U.S. law)? MA

I have posted below, but alas, have gotten no replies, so I'll ask this one quick question.

How do I get power of attorney over my cousin? She is in intensive care and incapacitated.

I am her closest relative, except for her brother, who has a developmental disability.

 

[justalayman]

How do I get power of attorney over my cousin? She is in intensive care and incapacitated.
.

You can't. A POA must be given voluntarily by the principal. Once a person is incapacitated, you must seek a guardianship or conservatorship through the courts.

 

[anteater]

You can't. A POA must be given voluntarily by the principal. Once a person is incapacitated, you must seek a guardianship or conservatorship through the courts.

Not necessarily disagreeing, jal, but it might depend upon what the OP means by "incapacitated."

 

[NellieBly]

She is barely aware of our presence in the room. She opens her eyes once in a while, but doesn't seem to focus on anything. Sometimes she gets agitated and tries to pull her tubes out.

 

[anteater]

She is barely aware of our presence in the room. She opens her eyes once in a while, but doesn't seem to focus on anything. Sometimes she gets agitated and tries to pull her tubes out.

Then jal's response is applicable. You would need to petition for appointment as conservator for your cousin's estate.

 

[NellieBly]

How do I do that? Go to the courthouse and file papers?

Do I need a lawyer?

 

[justalayman]

http://www.mass.gov/courts/courtsandjudges/courts/probateandfamilycourt/info-sheet-060909.pdf

http://www.lawlib.state.ma.us/subject/about/guardian.html

a couple sites that have some info

 

[NellieBly]

Thank you. I will look into this on Monday.

By the way, is her brother considered incapacitated if no guardianship exists?

 

[NellieBly]

In which county do I proceed?

Mine or hers?

 

[anteater]

Her's.

By the way, is her brother considered incapacitated if no guardianship exists?

Not really possible to answer that. All that you have said is that he "...has a developmental disability." Since you said somewhere that your cousin is in her 50's, I would have to assume that he is at least in his 30's. If a guardianship/conservatorship has not been established by now, one can only assume that the disability is not so severe that he can't make his own decisions.

 

[NellieBly]

My male cousin is 55. He lived most of his life with his father, who was a reclusive, mistrustful individual. They rarely ventured out of their house, did not have a telephone and wouldn't answer the door.

They lost their house for not paying taxes and had to go live in public housing. My uncle passed away a year or two ago. My cousin has a caseworker.

Also, I heard that guardianships are notoriously difficult to obtain in MA.


At any rate, I contacted Legal Aid, who will assign my female cousin's case to a volunteer lawyer. They had to verify my citizenship before proceeding. I got overly ambitious and went over there (two cities away!) to sign the citizenship paper (this is not an issue, I was born in MA) but they said they'd mail it to me, as my case has not been assigned.

 

[NellieBly]

If you don't mind my updating this, I went to court this morning to terminate the guardianship of my cousin.

She made a miraculous recovery.

The court sent me a letter asking for her rehabilitation plan and I replied that she did not have one as she had recovered completely and was back to the activities she had engaged in prior to her illness. Independent living and all. The judge wanted to see for herself...so there we were.

Funny thing, her lawyer didn't know which form to use. She had never seen a person recover sufficiently to have their guardianship terminated.

Only glitch was, when it came time to be sworn in, both my cousin and I raised our left hands. Someone admonished "The other right hand." So we're left handed...It happens.

My cousin got a big round of applause from all present. I got a thank you from the judge.

Life is good.

 

[has]

What is the name of your state (only U.S. law)? MA

I have posted below, but alas, have gotten no replies, so I'll ask this one quick question.

How do I get power of attorney over my cousin? She is in intensive care and incapacitated.

I am her closest relative, except for her brother, who has a developmental disability.

I believe you have to file through the courts for POA the hospital or nursing home can help you with that.

 

[NellieBly]

I believe you have to file through the courts for POA the hospital or nursing home can help you with that.

Thanks, but if you read my update, she made a wonderful recovery and is home, leading the good life.