Q: My mother is currently in a coma. She is in septic shock, severely malnourished, and has an infection in her brain.
She lives in Texas and I am in North Carolina. She is not married. What do I need to do to be able to get be able to make medical decisions as well as handle her assests and Financials? I have VERY limited money and worried there are people in Texas who are cleaning out her house and someone has already been using her debit card. I am desperate for help.
A:
Because she is not able to give you her power of attorney, you will need to file an application to be appointed as the guardian of her person and of her estate until she recovers. Such a proceeding can be filed in the court with probate jurisdiction in the county where she resides. You should anticipate paying a $5,000 retainer is you are an only child or if all of your mother's children are in agreement with you being appointed. You will have ongoing responsibilities which may require travel to Texas during the pendency of the proceeding and ensuing guardianship.
If another close relative of your mother contests your appointment, you should anticipate having to deposit a larger retainer to pursue a contested guardianship.
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