This depends on the language in the power of attorney. However, most powers of attorney grant a broad array of powers, including the right of the attorney in fact to initiate litigation on behalf of the principal. Most of our nursing home abuse cases involving a still-living victim are brought by...Read more »
In NC this is called guardianship, not conservatorship, I advise that you speak to a local lawyer to assist you with the process. If you want to attempt the process on your own speak to the local Clerk of Court.
You have to decide if you want an autopsy. Do understand that the fact she had a bleed out doesn't necessarily prove substandard care. However what you need is a member of the NC Trial Lawyers Assn /Assn for Justice who handles medical & nursing home cases. They give free consultations.
My mother was a resident of North Carolina. I raised a complaint with the North Carolina Department of Health and Social Services to charge that she was neglected in the nursing home she was in. The nursing home was investigated and the NC Department of Health and Social Services substantiated... Read more »
I'm sorry to hear about this. I handle nursing home abuse cases but not probate cases. Questions I would have are whether your aunt can delegate this task to someone, whether as administrator of the estate she has a duty under North Carolina law to pursue the claim and/or whether you could...Read more »
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