Guest guest Posted January 18, 2011 Report Share Posted January 18, 2011 HelloYou may not remember but my sister was in a car accident back in November. Both legs, both arms broken, neck fractured in three places, spinal column bruised, potential brain damage from swelling. This is after two years of rehab from her stroke which definitely caused some brain damage but she had been recovering well from it. Thanks to donations from the public, she's been transported to a leading rehab hospital in Denver. Expensive but an exclusive hospital. The insurance of the driver who crossed the center line and crashed head on into her has already been tapped out so it's just her own insurance now which was already quite drained by the stroke. They've managed to step down the trach tube and installed a valve so she can talk. She's very confused and thinks she's in Madison Wisconsin and thinks that it's 1989. I don't think she was even in Wisconsin back then so everything must be jumbled up.Anyways, paperwork from the lawyers arrived today, her husband wants her declared incapacitated so that he can take over all her affairs. This is probably a good idea to keep the medical decisions out of her hands for a while. Obviously the papers are to see if any body in the family objects. I'm a bit surprised that she doesn't have a medical power of attorney prepared for this, she was adamant that I prepare one when I was bedridden with Congestive Heart Failure to the extent that I wound up going to a lawyer and getting a will and medical POA drafted even though I could barely stand at the time.I always did think she's a bit nuts so declaring her incapacitated seems appropriate especially after all that she's done to ruin my life in the past year but I wonder, the proceedings probably started when things were truly dire and she was still in a coma. She's probably still in no condition to make decisions about her affairs and may never be, but she is better. Is there a criteria for someone once declared incapacitated to be declared competent again? How would being declared incapacitated affect her future, her career as a Doctor?Declaring her incapacitated would probably mean giving her husband access to the remainder of her savings that she had been keeping from him. Their marriage started off with the unpleasant discovery of his debt hence the reserve. Of course, that money is probably dearly needed now.Regards, Quote Link to comment Share on other sites More sharing options...
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