Skokie, IL asked in Workers' Compensation and Health Care Law for Illinois

Q: Question about a family member who is hospitalized

My brother is hospitalized after having a stroke, he not able to communicate well but for hospital aid and benefits we need to access thinks like bank statements and pay stubs. They haven’t been given to us at the bank or his job. Is there some legal paper we can get to be able to access that on his behalf?

3 Lawyer Answers
James G. Ahlberg
James G. Ahlberg
Answered
  • Workers' Compensation Lawyer
  • Rochelle, IL
  • Licensed in Illinois

A: If he hasn't appointed anyone to hold his power of attorney for health care, you'll need to make an appointment with a lawyer to file papers in court to create a guardianship for a disabled adult. From what you describe, this should be done as quickly as possible.

Richard K. Johnson
Richard K. Johnson
PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: Generally, when an individual is under a disability like this one, if a power of attorney was executed by your brother, this incapacity would permit the holder of the power of attorney to act on his behalf. In the absence of a power of attorney, the hospital may be able to assist you by providing medical proof of your brother's incapacity. If you cannot make health care decisions for yourself, a health care "surrogate" may be chosen for you. Under Illinois law, two doctors must certify that you cannot make health care decisions for yourself before a health care surrogate can be appointed.

Robert D. Kreisman
Robert D. Kreisman
PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: Unless someone has power of attorney for financial purposes, a person could petition for guardianship of the estate and person, but that would take a bit of time. I urge you to contact an attorney who handles guardianship of persons with an alleged disability.

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