How can I get power of attorney when my brother has dementia in Washington?
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I am so very sorry to hear of this issue. Since your brother has been diagnosed with dementia, he would no longer be considered of sound mind and able to grant anyone power of attorney. You or another family member would have to file a petition for guardianship with the court in the county where your brother resides.
You will file the petition and the judge will schedule a hearing. The judge will discuss with you whether your brother needs a guardian and if so, if you should be his guardian. If so, you will then be able to handle his affairs, etc. I hope that helps!
If at any time you need an attorney to assist you, you can find a local attorney by contacting your local bar association and asking for a referral to one. You can also contact your local legal aid society, as they offer free and low-cost services in these cases. Another good resource is to contact your local law schools, as they often have clinics with attorneys that will assist in these types of cases.
My ultimate goal during our conversation is to ensure that you clearly understand the next steps to take in this matter. Please let me know if you need any clarification on the next steps or have any follow-up questions, as I will be very happy to assist you further.
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I live in Massachusetts. My brother had a stroke and now has dementia in Washington State. We have been trying to get Power of Attorney for weeks to be able to help him.
I'm sorry to hear about your brother's health issues. Have you already tried contacting an attorney in Washington State to assist with obtaining Power of Attorney?
Yes, but he said he needed $10K retainer. So the nursing home said they would get the papers ready for us. My sister flew there today and the nursing home says they do not know what we are talking about. They will not cooperate. Probably because my brother managed to get out of the home yesterday and was found stumbling down a four-lane highway and got hurt.
Are there any specific challenges or obstacles you have encountered while trying to obtain Power of Attorney for your brother in Washington State?
Yes, we are not physically there.
Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with obtaining Power of Attorney.
No.
Hello, my name is Charlie, and I am a licensed attorney. I would like to welcome you to Ask a Lawyer! I apologize that you are experiencing these issues, but I will be happy to assist you with your questions today. Please allow me a moment to review your question, and I will be right with you.
Does any of your family live in WA state near your brother?
No, but my sister flew there and is there now.
When was your brother diagnosed with dementia?
A couple weeks ago. He has had a series of strokes. We are not sure when?
Understood. So a person who has dementia cannot grant anyone power of attorney. The only available option would be for a family member to file for guardianship to help him.
And what does that entail? Would it make us financially or physically responsible for him?
Guardianship gives a person the same rights that they would have through power of attorney. You would be able to make financial decisions for him, medical decisions, etc.
Right now, we do not even know his Social Security number. Or if his home is locked up?
So does my sister need to file with a court? How do we do that?
Sure, let me provide some information to help.
Also, should we sue the nursing home? They lost him and now he's in the hospital as he got hurt.
I am so very sorry to hear of this issue. Since your brother has been diagnosed with dementia, he would no longer be considered of sound mind and able to grant anyone power of attorney. You or another family member would have to file a petition for guardianship with the court in the county where your brother resides.
You will file the petition and the judge will schedule a hearing. The judge will discuss with you whether your brother needs a guardian and if so, if you should be his guardian. If so, you will then be able to handle his affairs, etc. I hope that helps!
If at any time you need an attorney to assist you, you can find a local attorney by contacting your local bar association and asking for a referral to one. You can also contact your local legal aid society, as they offer free and low-cost services in these cases. Another good resource is to contact your local law schools, as they often have clinics with attorneys that will assist in these types of cases.
My ultimate goal during our conversation is to ensure that you clearly understand the next steps to take in this matter. Please let me know if you need any clarification on the next steps or have any follow-up questions, as I will be very happy to assist you further.
Thank you.
You are welcome. I am glad to help. Is there anything else that I can help you with on this topic?
I think I know what the next steps will be. Thank you.
You are very welcome. It was very nice chatting with you. I wish you the best in this difficult situation. Thank you so much for using Ask a Lawyer.
