Legal Question in Elder Law in Pennsylvania

incapacitated father

my father has become very ill recently. He has been living with someone for approx 7 years now. They never married, nor do they claim they are married on income taxes, and medical insurence. She does claim to be his wife. Who becomes the ''responsible party'', the one to make the decisions for him once he is unable to do so. His mother of 70 years is also living. Is it his significant other,mother, or biological daughter?

Asked on 8/03/02, 10:46 am

1 Answer from Attorneys

Brandon Barnett Brandon J. Barnett Attorney At Law

Re: incapacitated father

If your father has executed a durable power of attorney that person would be responsible. He may have that done with his live-in friend. If not the court may would probably look for a family member who was close and could step in possibly as a guardian. If your father is mentally sound you should have him execute a durable power of attoeny before he gets wrose. Speak with him and determine who he wants to do this. IT must be someone he trusts but also someone who has the time. If no POA is executed and they cannot locate a relative the court will simply appoint someone so you need to exercise care and move quickly.

If you have any further questions, you can call my office.

Brandon Barnett, Esq


Read more
Answered on 8/03/02, 7:14 pm

Related Questions & Answers

More Elder Law questions and answers in Pennsylvania