Legal Question in Personal Injury in Pennsylvania

My Dad had a traumatic brain injury. He is currently in a rehabiliation center. Knowone knows if he has a living will or power of attorney. My uncle is fighting with me and wants to be the power of attorney. I would like to be the one in charge of my Fathers care. How do I go about applying for this and is this possible? Thank you so much!


Asked on 11/28/11, 1:37 pm

3 Answers from Attorneys

Andrew Solomon Law Office of Andrew A. Solomon

You would have to probably file a Petition with the County Orphan's court and give notice to all of your father's next of kin, including your uncle. You should consult a local attorney to represent yu because the rules in each county are different. It should not be too expensive, but yuo will need a Dr.'s report stating that your father is not capable of making decisions on his own.

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Answered on 11/28/11, 3:07 pm
Solomon Weinstein Solomon Weinstein, Esquire

If your father executed a durable power of attorney prior to his injury and you find it this would spell out who the power of attorney is for your father. If there is no power of attorney or one is not found that you would have to petition the court to have a guardian appointed. the guardian

Aguardian can be a guardian of the person and guardian of the estate. one is for making decisions regarding legal matters the other for financial matters. it can be the same person or different people. if your father is still competant to make decsions as determined by a treating physican then your father may be able to execue a power of atorney if he is unable to do so then the guardian option would be the more likely route.

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Answered on 11/28/11, 3:25 pm
Michael Berman Law Offices of Michael A. Berman

How old are you? Do you have a "good financial head"? Are you willing to file audits for every cent you spend? Are there other siblings?

Situations like this either bring out the best or the worst in people. I advise you to sit down with someone immediately and figure out if you really want this responsibility....if you do, then I would help file the papers necessary to get started. But remember, this decision will have to be made by a Judge now so you'll need to be prepped up on what to expect.

Mike

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Answered on 11/28/11, 3:53 pm


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