What to do if my fiance was in a bad motorcycle accident and is currently in a long term care facility?

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What to do if my fiance was in a bad motorcycle accident and is currently in a long term care facility?

The goal is that when he starts making improvement, they will rehab him enough that he can reside in my home as long as he requires care 24/7. He and I both own our homes and his son is currently his acting power of attorney. He lives some distance away and has they normally seldom see each other, so I have been attempting to handle his financial affairs to be sure his bills are paid. How do I go about getting guardianship rights and access to legally pay his bills using the funds in his bank account which we have used for that purpose until this occurred until such time when he is capable? His son and I agree on this matter.

Asked on June 24, 2013 under Estate Planning, Ohio

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

His son would need to petition the court with you to change guardianship. The court may have an independent guardian or representative review the matter and then there should be no issue with you becoming guardian. However, one thing you need to worry about is Medicare. If he has to use Medicare monies for long term care or previous care, that home he owns will be attached like as in a lien. So you need to handle your financial affairs becoming guardian.


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