Legal Question in Personal Injury in Alabama
my roommate was in a car wreck about a week ago. currently he is unable to make decisions. his brother is trying to take everything he owns and his wife wanted to know if there was anyway she might be able to stop this like power of attorney or something similar.
2 Answers from Attorneys
Generally in Alabama a Conservatorship must be established through the Probate Court where your roommate resides if he is unable to make finacial decisions for himself. Your e-mail does not provide much in the way of details about the incapacity of your roommate so it's impossible to tell if a Power of Attorney would stop the activity of his brother. You mention his wife. She probably needs to consult with an attorney in your area. This would be especially true if the car wreck you reference was through the fault of someone else. Sorry I could not be more specific but it can get pretty complicated. For more information on car wrecks and car wreck claims, please visit our web site: http://www.botelerwolfe.com Good luck,
Mark Wolfe
The information provided in the above answer is accurate - basically there are things that can be done to maintain the status quo while your roommate is incapacitated. His wife should seek the services of a probate attorney immediately.
Regarding the car wreck - and this is especially true if your roommate's injuries where caused by the other involved vehicle, there are things that should be done so that your roommate can be compensated when he recovers. This includes, but is not limited to, preserving evidence, putting insurance companies on notice of the incident, including your roommate's carrier etc. For more information on the kinds of things that need to be done after a car wreck, feel free to visit our website at www.AlabamaPersonalInjury.com. I hope things work out for your roommate and his wife. Danny
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