If my father is in the hospital but is not competent to make his own decision, is my mother still considered in charge even though they are in the process of getting divorced?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my father is in the hospital but is not competent to make his own decision, is my mother still considered in charge even though they are in the process of getting divorced?
And, if so, can she give me the power to make decisions? The hospital said he voiced that his parents can make decisions but in his medical reports he was not competent then either. I don’t know if I need t to get an attorney or not.
Asked on March 5, 2015 under Estate Planning, Pennsylvania
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
I am so sorry for the situation. If your parents are not divorced yet then the hospital would probably look to her when a situation warrants a decision regarding his care. Now, the hospital may have it in their records that he wishes his parents to make decisions but if there is not health care proxy of any kind (a legal document) and you question his conpetnancy at the time the statements were made, I would say that you need to have the court issue you an order granting you to be the guardian and conservator of his estate to make them yourself. I see a fight on the horizon between your Mom and Grandparents and you do not need to have your Dad or you in the middle. Make the application. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.