Legal Question in Wills and Trusts in Washington

power of attorney or guardianship of sick parent

My Mom had been living with me for 5 years and about 2 weeks ago she suffered a heamorragic stroke which has left her immobile and she is unable to communicate. I have been taking care of her even though financially she was not my dependent. Now that the medical bills are coming in I would like to be able to access her finances so I can pay for the medical expenses and her other needs. On her acccount I am currently mentioned as POD - dont know if that is useful. Please advise on what steps I should be taking to expedite this as she is still in hospital to be discharged very soon to a skilled nursing facility.


Asked on 9/25/08, 6:06 pm

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: power of attorney or guardianship of sick parent

If she is still competent to make a decision and communicate it, she can still do a power of attorney. If she can not speak or sign her name (especially) you may want to have a few professionals render written opinions for you on her competence -- you may want to do that anyway (one should be her primary care physician and another her attending physician and also somebody involved closely in rehabilitation services). If she is not competent, you would need to do a guardianship, and the statements of the above named professionals to that effect will be influential. She will have to have a Guardian Ad Litem appointed as part of the process.

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Answered on 9/25/08, 6:35 pm


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