Legal Question in Wills and Trusts in California

My 70 year old brother has been in the ICU ward of a hospital for over 3 weeks, and was in a coma for 11 days. I am being told by his doctors that he might have to stay in the hospital for an extended period of time, possibly 6 months or longer - if he survives at all. He is currently awake, but in a state of delirium, so he is unable to sign or comprehend any sort of forms.

He has no spouse, parents or children that are living. Besides myself (sister), he has another sister and a brother. I am listed in his will as the executor of his estate, should anything happen to him, but there are no provisions as to what to do if he is still alive, but unable to take care of his affairs.

We/I would like to be able to take care of his bills or anything else that might arise. He is a veteran, so I believe his medical is covered. If the family (siblings) are in agreement to taking care of his finances and seeing that his bills, taxes, etc get paid in a timely matter, would I still need to be appointed as a conservator? And, if not, is there something I can do to be put on his bank accounts? When he first was admitted to the hospital, he told me that I was on his accounts; however, I have since found out that I am not on any of his accounts.


Asked on 1/24/13, 3:47 am

3 Answers from Attorneys
Kelvin Green The Law Office of Kelvin Green

If there are no powers of attorney, he probably needs a court appointed conservator. There may be a need for somone to help with medical decisions besides the finacial decisions. At this point to be on bank accounts woul take conservatorship...

Dont assume that he is a veteran that he is covered. He needs to be approved by VA or Tricare (secondary to Medicare). If not in a VA facility then there is non VA provided coverage but it has limitations... So check first

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Answered on 1/24/13, 4:16 am
Scott Jordan Jordan Law Office

Yes, based on what you provided, someone will need to be appointed conservator of the estate and quite possibly of the person for medical decisions. Since you are named as executor of the estate, you seem to be the likely choice.

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Answered on 1/24/13, 9:34 am
Chris Johnson Christopher B. Johnson, Attorney at Law

I agree with my colleagues--if there are no existing powers of attorney and he's not able to understand and sign new ones, a conservatorship is probably the only choice left.

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Answered on 1/24/13, 9:52 am


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