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    abbiem00's Avatar
    abbiem00 Posts: 4, Reputation: 1
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    #1

    Mar 17, 2009, 03:27 PM
    Power of attorney for health and estate for step mother
    My husband has a step mother who became unable to care for herself in any way. She lives in Tucson and we live in NC. I need to know what we should do now... before my husband has to go out to Arizona to settle her estate. She has a home with a lean and is now in a hospital. She's about to be moved into a nursing home by the hospital.

    Please... we need some real help here. I don't know what to do for her and whatever she might have. We live so far away and can only afford one trip, for my husband, to go out there and settle things for her.

    Thank You soooo much for any help you can give us.

    Abbie M
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Mar 17, 2009, 03:52 PM

    It would be a good odea for your husband to have power of attorney if she is willing and competent to give it. If not, then your husband may need to have himself declared her guardian.

    Once one of this happens, he ca n then manage things for her.

    You don't say who put the lien on the house. Was it medicare or some other debtor?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Mar 17, 2009, 04:24 PM

    It is not really an estate, that is what you have when she dies.

    And to be honest I doubt it can all be handled in exactly one trip, depending on how long he is to stay and what he plans on doing.

    In general, does he plan on merely selling all of her belongings and list the home for sale with a real estate agent ?
    abbiem00's Avatar
    abbiem00 Posts: 4, Reputation: 1
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    #4

    Mar 17, 2009, 04:29 PM
    Quote Originally Posted by ScottGem View Post
    it would be a good odea for your husband to have power of attorney if she is willing and competent to give it. If not, then your husband may need to have himself declared her guardian.

    Once one of this happens, he ca n then manage things for her.

    You don't say who put the lien on the house. Was it medicare or some other debtor?

    The hospital says she can't make decisions for herself. The lien is for upgrades on her house... thankfully by someone who cares about her.

    We need to do as much as we can from here before my husband has to fly out to Tucson.
    We don't have money that we can waste right now but we would like to help her.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Mar 17, 2009, 04:38 PM

    If she can not make decissions for her self any more that is going to be a real problem if he is not already her Power of Attorney.

    Since if she can not make her own choices now, she can not sign to make him a POA.

    If she can not make her own choices, he will have to go to court to get declared her guardian.
    abbiem00's Avatar
    abbiem00 Posts: 4, Reputation: 1
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    #6

    Mar 17, 2009, 06:29 PM
    Quote Originally Posted by Fr_Chuck View Post
    If she can not make decissions for her self any more that is going to be a real problem if he is not already her Power of Attorney.

    Since if she can not make her own choices now, she can not sign to make him a POA.

    If she can not make her own choices, he will have to go to court to get declared her guardian.

    The social worker told me we would probably have to go to court for the POA. How much can we do from here? Do we have to get an attorney? Can we send something(s) to the court and go down there on the court date? How long does all this take?

    We need to sell all of her belongings because it doesn't look like she's going to be going home anytime soon, maybe never.

    If anyone can guide us on this we would deeply appreciate it.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Mar 17, 2009, 06:34 PM

    You can't get a POA, you need to go for guardianship. You can contact an attorney in the area to file for that for you. So you can have it in place when your husand gets there.
    abbiem00's Avatar
    abbiem00 Posts: 4, Reputation: 1
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    #8

    Mar 17, 2009, 07:13 PM
    Quote Originally Posted by ScottGem View Post
    You can't get a POA, you need to go for guardianship. You can contact an attorney in the area to file for that for you. So you can have it in place when your husand gets there.

    OK... then I guess I need to find a lawyer in Tucson. Anyone know a good/honest lawyer
    In Tucson that handles guardianship matters?
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