My mother suffers from dementia and will probably be going into a nursing home soon.A few months ago she fell at the hospital and suffered a brain injury.My brother has filed a lawsuit and he has obtained power of attorney.My question is if she enters a nursing home could he still move forward with the lawsuit and what would happen with that if she passes away before it was settled?
1 Answer from Attorneys
It depends on what powers the power of attorney grants to your brother. Generally speaking, a power of attorney COULD (depending on the language of the POA) permit your brother to sue the hospital on your mother's behalf. If she passes away before the case is settled or goes to court, then the case would continue, but any settlement or recovery would likely go to your mother's estate.
Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.******
Related Questions & Answers
-
I am the power of attorney for my 90 yr old aunt who has been in an assisted living... Asked 7/21/11, 7:02 am in United States Georgia Elder Law
-
My sister has Medical POA for my father who has Ahlzheimers. I have asked for... Asked 6/17/11, 8:49 am in United States Georgia Elder Law
-
Like in a poker game,a full house would trump 2 pair,, my question is which would... Asked 6/01/11, 9:39 am in United States Georgia Elder Law
-
Hi I live in delran,nj. My selfish brother and his troublemaker wife and mother... Asked 4/21/11, 8:34 pm in United States Georgia Elder Law
-
Need an aggressive attorney unafraid of suing the ga state and forsyth county in... Asked 4/15/11, 10:10 pm in United States Georgia Elder Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
