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?
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.
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.
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.
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.
