Legal Question in Wills and Trusts in Alabama

My dad has recently developed Dimetia. As far as we can tell he has no will or power of attorney. What as his children are we now responsible for. Who becomes in charge of his affairs if he has no POA papers etc...


Asked on 3/06/10, 6:37 am

1 Answer from Attorneys

William Nolan Nolan Elder Law LLC

If your father still has some capacity, he may be able to execute the needed documents, which will save him and you thousands of dollars in the process. If he has progressed to the stage where he has no capacity left, the only choice you have is to become his Guardian and Conservator, which requires an extended court process of about 3 months, will cost you/him easily $1,500 and may require you to be bonded as well. You will need to hire an attorney to file the paperwork, a Guardian ad Litem and a Social Worker will also be required. Consider the POA/Trust option first and if not available, the expensive route is the only one left.

www.NolanElderLaw.com

Bill Nolan

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Answered on 3/11/10, 8:22 am


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