Do I need an attorney?

[mom1969]

Do i need an attorney for guardianship of a non-minor?
My oldest son(age 40) had an accident with "catastrophic" head injuries. He is now living with me because of this. I need to know what i need to do and what forms need to be filed in order to give my youngest son (age 30) Legal Guardianship of his brother so that my oldest son can receive medical care thru his brothers insurance. I am currently unemployed and cannot afford the medical care that he needs.
I would appreciate any help or advice that you can provide.

 

[laughingmoon]

I worked as a nurse for 17 plus years. My advice is to contact an attorney and to have Power of Attorney for Health and possible Financial matters drawn up. If you are the legal guardian of your son, then it should be possible for you to transfer that guardianship. I'm sorry that is all I can offer at this time. I hope everything works out for you and your family.

 

[jharris352]

Firstly, though I'm sure laughing_moon means well, a power of attorney is not possible if your injured son is not competent enough to sign it. If he is lucid and in his right mind then he can appoint an attorney in fact as she suggests. If not, you have to petition a judge to do so.

Secondly, it doesn't sound like medical decisions are what you are concerned about. It's more than you are trying to get your older son into your younger son's family so that his medical insurance will cover him. I am sorry but I doubt that is possible.

You can have an attorney look into it, but you can't just adopt or take on custody of an "already injured" person so insurance can pick up the bill. I'm not sure that having guardianship (which is more of a decision making power) is a relationship that would allow him to insure a brother as immediate family.

You first need to take his work insurance policy to either an agent who is familiar with them or an attorney. Someone needs to analyse the qualifying member clauses. I obviously can't say for sure but I can't imagine that this will work.

I'm sorry your son is so bad off. I hope you find a way of caring for him. I'm just not sure this is the way.