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tsheff1860 Asked March 24, 2024

Guardianship/POA advice?

Hello, Im new to the forum and if this is not the right space for this question please let me know. My husband is currently in the hospital in a comannow for 4 years. we got married shortly before he got sick and we had no time to do wills or POA. he had property and bills and now at this stage I cant afford to continue paying for his assets with no help from his family so I was advised to get guardianship over him but I dont want to be satted with debt that occured before we were married and because he may never leave the hospital I dont know if its even worth me going thur more cost to get this done, Has anyone had a similar situation?
Please help

tsheff1860 Mar 24, 2024
Thank you all for your replies. He has Medicaid health insurance and currently gets Social Security Disability so I haven't had any hospital bills but I'm looking to the future and he possibly will not be able to be transferred to a long term facility. I'm just worried that it's to late to avoid loosing his house because we haven't been able to cover everything. So thank you all for the advice.
AlvaDeer Mar 24, 2024
Tsheff,
Placement is certainly a possibility. Given he already by history has his Medicaid and SSID he is set I think and his caseworkers will help him get placement if that is needed.
Keep in close contact with the social workers at hospital and whatever other facility he is going to need. And GOOD LUCK to both of you for sure. Hope you'll update us.
AlvaDeer Mar 24, 2024
Go to an elder law attorney.
You need advice that is specific to your situation.
You should take all bills and particulars with you.
If your husband is in a coma do know that there is no real REASON for you to take on guardianship.
In fact, the state may take on guardianship if you do not, and in that case you, as wife, may have nothing to say about anything at all. Including debts, payments, sales, foreclosures, and etc.

So off you go to an elder law attorney. Amazes me that you have not had to do that in all this time, because whether you like it or not, without a divorce you are the next of kins, and in some states are responsible.

I wish you the very best of luck and hope you'll update us.
AlvaDeer Mar 24, 2024
Guardianship in a case like this is often easy, dependent on the state.
A social worker can often, in 15 minutes, get an order of temporary guardian on the phone with a judge. It is almost never, in case of a coma this ongoing, removed when it goes to be made final. Especially in the case of a wife.

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JoAnn29 Mar 24, 2024
Guardianship is expensive but it may give you the ability to sell his property and pay his bills. Youvshould not be held liable for debts incurred before the marriage.

How are you paying for his care? If Medicaid then you definitely need an Elder Lawyer to make sure you do everything on the up and up.

Geaton777 Mar 24, 2024
I agree you need an attorney. We aren't lawyers, and this is an anonymous global forum. Rule and laws affecting your situation may be specific to your home nation and state.

Grandma1954 Mar 24, 2024
No matter what you do you HAVE to consult an Attorney to get the advice you need.
Contact an Elder Care Attorney and they should provide the options that you have.

I am sure there are a few others that will give you more concrete information but Attorney is going to be at the top of the list.

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