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necy62 · Feb 16, 2010, 12:26 PM

My uncle had a stroke and is not able to handle his business affairs. There is no power of attorney. My mother, his sister, has been handling his affairs so far but now she needs access to his accounts to pay his bills. What can we do?

JudyKayTee · Feb 16, 2010, 12:38 PM

Is he mentally capable of understanding what he is signing? I witnessed MANY P/As for clients who were hospitalized with serious medical problems.

cdad · Feb 16, 2010, 02:05 PM

Yes it can be done but it may require the courts approval. Has the state assigned a caseworker to him yet?

necy62 · Feb 16, 2010, 02:33 PM

Originally Posted by JudyKayTee

Is he mentally capable of understanding what he is signing? I witnessed MANY P/As for clients who were hospitalized with serious medical problems.

At this point he is incapable of understanding what he is signing nor is he capable of signing anything. He had one stroke where they thought he would recover from but then 1 week later he had another stroke which left him paralyzed on his right side.

necy62 · Feb 16, 2010, 02:33 PM

Originally Posted by califdadof3

Yes it can be done but it may require the courts approval. Has the state assigned a caseworker to him yet?

No, they have not assigned him a caseworker yet.

cdad · Feb 16, 2010, 02:49 PM

You might want to start there and get a caseworker asigned to him and then it might be easier for them to assign POA to you with an advocate at your side. He should already have one because the hospital needs authority do do things. Check with them first.

JudyKayTee · Feb 16, 2010, 03:45 PM

Originally Posted by necy62

At this point he is incapable of understanding what he is signing nor is he capable of signing anything. He had one stroke where they thought he would recover from but then 1 week later he had another stroke which left him paralyzed on his right side.

If he is incapable of understanding then the Court would need to appoint someone - he cannot create a P/A now without a Court order.

Fr_Chuck · Feb 16, 2010, 06:32 PM

Most stroke patients know what is going on, they merely can not talk and write ( where we can understand) but they can nod yes or no . I have not known many stroke patients that were so bad they were not aware of what was happening,

So the exactly how serious they are is the issue, so if the medical state believe he knows what is happening around him, he can, if they don't, a court order will be needed