Lebanon, PA asked in Health Care Law for Georgia

Q: Assist medically dead sister-in-law with after death legal issues (no POA). We live in PA. & she is in GA. hospital.

S-I-L has no assets and we have little means. We plan to pay for cremation and past due rent. Is a lawyer (with our limit funds) really needed and how can they help? (Looking in Marietta, GA area.) - What advise can you offer us. Thank you.

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1 Lawyer Answer
Rachel Lea Hunter
Rachel Lea Hunter
Answered
  • Estate Planning Lawyer
  • Cary, NC
  • Licensed in Georgia

A: Not sure what medically dead is. Either she is dead or she is alive but comatose or in a vegetative state. If she is alive, a decision would have to be made to the pull the plug I suppose. If she is dead dead then other than arranging to remove her possessions from her apartment and having her cremated, what is there?

Power of attorney requires people who are living to be mentally competent. Sister in law sounds like neither of these conditions would be met. If she is really dead, POA would not help as a POA ends at death. If sister-in-law is comatose and had no living will, then a guardian would have to be appointed to make health care decisions and a conservator appointed over her assets.

If she has now died and had assets, you might probate an estate and would need a lawyer for that possibly, depending on how complicated it would be. Most states have procedures to handle very simple estates (estates that are under $10,000 or so). This would enable you to sell her car (if she had one) or access her bank account.

There are many probate attorneys in Cobb County should it be necessary.

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