Lafayette, LA asked in Estate Planning and Family Law for Louisiana

Q: How do I get legal right to care for medically incapacitated relative?

My father, a resident of the Louisiana, had a stroke and is unconscious. I’m am a resident of Oklahoma. We would like someone in the family (me, our parents, or his brother) to have access to his finances to pay bills and maintain his home, etc. We would like to be legally able to make any decisions necessary for his wellbeing. We were told we cannot get a power of attorney for someone who is incapacitated. What should we do?

Related Topics:
3 Lawyer Answers
Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: It is true that you cannot obtain a power of attorney from a person who is incapacitated. You need to petition the court to have someone appointed as the incapacitated person's legal conservator and guardian.

Stephen Rue
PREMIUM
Stephen Rue
Answered
  • Estate Planning Lawyer
  • Kenner, LA
  • Licensed in Louisiana

A: You should have a lawyer file for interdiction.

Ellen Cronin Badeaux
Ellen Cronin Badeaux
Answered
  • Covington, LA
  • Licensed in Louisiana

A: Hire a family law attorney to do an Interdiction. It's true you cannot get a Power of Attorney of an unconscious person.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.