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Posted: 2/10/2023 4:30:26 PM EDT
Parents are/were (?) residents of VA.  Have a house there, etc.  Dad had a stroke, needs quite a bit of care but is fine mentally.  He has physical impairments as a result of stroke.  Finally convinced them to move to KS with my sibling.  Mom and Dad were both fine "mentally" when they left VA 3 days ago.  Arrived in KS, mom had what doctors believe to be a stroke (first night there).  Not sure yet, in the hospital.  Here issue doesn't appear to be physical at this point - all mental.

Prior to moving, parents put me in charge of selling their house, belongings, etc.  We had NO Power of Attorney, etc., setup as we all figured we could do that in the coming weeks.  Well, mom is now unable to sign anything.  Never know these things need to be done NOW, until it happens.

1) My dad wants to sign a POA for him.  That's not an issue I'm guessing.
2) For mom, do I have to get guardianship/conservatorship or something?  In VA or KS?
3) For mom/dad - we need to get healthcare POAs setup.  Again, I think that's easy for dad but how do I go about doing that for mom, in KS, now that she is not mentally capable of signing.

FWIW, Dad is not physically able to go to hospital to make decisions for mom.  I'm in VA for a few months to close out their affairs here.  Sibling in KS should be added to anything legal for obvious reasons.

Help, advice?  I know people are going to say "get an attorney".  Well - in KS, VA, my home of WY or?  Cost is a huge concern for us unfortunately.
Link Posted: 2/10/2023 5:31:28 PM EDT
[#1]
Yes, get dad to sign a POA (where he is now) and have your family check with the doctor for your mom to see if the prognosis is that she will be better reasonably soon. Stroke recovery has come a long way, especially if they administered stroke medication quickly.

Prayers for them and your family. I've got a 90 year old mom in recovery from a broken hip and I know it can be tough.

Link Posted: 2/10/2023 8:23:28 PM EDT
[#2]
POA is just for financial issues.
You need health care proxies for them so that you can make health decisions when needed.
They should also have a living will.
Link Posted: 2/11/2023 8:41:11 AM EDT
[#3]
Specific states have their own statutes BUT, generally  speaking, in the absence of a specific  healthcare proxy document, they follow a next of kin decision making process where they defer to the closest relative when a person cannot make decisions for themselves. As an RN, I've been involved in many such situations and they're pretty straightforward unless family starts fighting over who gets to make decisions.

The bigger issue is non healthcare related things where your mom is the sole owner or signatory. You may need a guardianship if she's no longer competent to give you POA. For those assets that your Dad also is a signatory,  he may be able to dispose of them without her and be able to assign those rights via POA. It will depend on the asset and jurisdiction. I'm guessing you're going to need an attorney to sort out the specifics on that.
Link Posted: 2/12/2023 5:12:42 PM EDT
[#4]
Thanks guys.  Appreciate the ideas.  I've reached out to an attorney and think we can get most of this resolved early in the week.
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