Getting power of attorney without a will? (1 Viewer)

[CurlyNight]

Maybe someone here knows?

Friend's bro is in TX in the hospital with severe cirrhosis of the liver. He's unable to understand and speak. His dau has his will somewhere in storage. She's too busy to go find it. So she's out as a help. Is there a way my friend can get power of attorney over her bro since there is no will and no one else? She already has poa of her mom who is in assisted living here. Plan is once he's stabilized to go get him and drive him back here where there is an extra room in the house. I'm thinking there has to be a way? Any TX lawyers in the house?

TIA

 

[ProstheticRGK]

The hospital should have the paperwork available, and they should be able to do it over the phone, if she is the closest living relative (a spouse or a child trumps a sibling in CA, at least) have your friend talk to the Medical Social Worker on his case. If he is conscious and capable of making decisions now, he can sign off on the paperwork himself.

 

[CurlyNight]

The hospital should have the paperwork available, and they should be able to do it over the phone, if she is the closest living relative (a spouse or a child trumps a sibling in CA, at least) have your friend talk to the Medical Social Worker on his case. If he is conscious and capable of making decisions now, he can sign off on the paperwork himself.

He's conscious but confused, unable to speak coherently nor understand what's going on. Good idea to start first with the hospital and the medical social worker.

Thanks-

 

[ProstheticRGK]

He's conscious but confused, unable to speak coherently nor understand what's going on. Good idea to start first with the hospital and the medical social worker.

Thanks-

You're welcome. Best of luck to your friend.

 

[Mrs. Rannous]

Maybe someone here knows?

Friend's bro is in TX in the hospital with severe cirrhosis of the liver. He's unable to understand and speak. His dau has his will somewhere in storage. She's too busy to go find it. So she's out as a help. Is there a way my friend can get power of attorney over her bro since there is no will and no one else? She already has poa of her mom who is in assisted living here. Plan is once he's stabilized to go get him and drive him back here where there is an extra room in the house. I'm thinking there has to be a way? Any TX lawyers in the house?

TIA

Houstonian here, and I've been through this stuff in the last two years.  You have two different issues.  POA has nothing to do with a will.  POA expires on the death of the individual.  He must give consent for POA.  Guardianship through the courts is a major PITA and it takes time.  He may be able to get emergency guardianship for medical decisions.  Talk to the hospital people.  They should know what to do.  

Hope this helps.  PM me if I can help.