Need information to acquire power of authority for incapacitated parent with no health proxy.?

Question

In Massachusetts; parent suddenly hospitalized, does not have the mental capability at this time. noone can get any information due to HIPAA, parent is due to be transferred soon, very probably out of state and i need help. Thank you

p.s. money is an issue regarding court costs, but well worth the sacrifice, any tips involving this also helpful

p.s.

thanks for the advice, it's very helpful;

there is >1 offspring, perhaps not all with her best interest in mind... at least parent's siblings are in doubt

she may be moved out of state due to need of specialized facility that has the room, and the ability to provide for her needs...geriatric,psych, particular health concerns, that will utilize her insurance carrier

Answer 1

Really, you need a lawyer to help out with this situation. You need to file suit to get power of attorney for your parent, unless she had some sort of will that named one. The site below will help you find (low cost) legal aid.

Answer 2

I'm not familiar with Massachusetts, but nearly ever state has procedures to have a court appoint a conservator under these circumstances. A court an appoint a conservator to make decisions for the incapacitated person, whether it be making health care decisions or taking care of finances. Attorneys that handle probate and/or estate planning should be able to help you or provide a referral.

Answer 3

The persons legal next of kin would automaticly become the person responsible to make the health care choices.

You would have to get guardianship at this time, over the person, not merley POA.

And if they can't make any choices, how are they moving them out of state?