We are in limbo about the finances and assets. I have 2 siblings from my moms first marriage.My dad also passed on 7 years ago.I have half brother with my stepdad age 13 years old.Im so overwhelmed and dont know what to do.My stepdad critically ill at this moment.We have no money to meet our family's financial needs.
If so, what you are more likely going to need is for someone to be able to act in a guardianship capacity for your 13 yr old step brother, yourself & your step-dad. If this is more the situation its not about needing an elder law atty but imo an estate and guardianship atty as there is a minor involved along with incapacitated parent.
What is the situation with your 2 siblings from mom's first marriage? WOuld either of them be able to act as a guardian? People do come out of coma's all the time and it could be that a few weeks or months from now step-dad comes out of his coma and is able to be a parent again. I'd try to view the guardianship as a temporary "bridge" to keep everybodys' spirits up and keep positive about dad. Or it could be an aunt or an uncle. Or even grandparent. I'd try to find someone within the family first and foremost.
I'd try to avoid any court appointed guardian who was NOT family "ward of the state" situation if at all possible. Try to avoid any state or county "assistance" if you can. You want to find someone within your blended family to take the lead in all this and NOT let it ever go to the state's legal system. I say this as a mom of a 19 yr old and saw first hand what happened with our son's friends when there was family drama with a single parent who became incapacitated with kids still in high school and college. The counselors, school nurses, teachers are all required or "mandated" reporters for anything that can be viewed as putting a minor in jeopardy. The social worker at the hospital falls into this category too. No parent in the home and the only parent being comatose would be this. So the counselor, social worker, etc. contacts the county child protective services and long-story short, the kid is removed from the home and placed into foster care. The $ and income in dads bank will be frozen and then placed into control of the state. For the kids in college, or over 18, well they are left out of all this as they are over 18 and of no concern for the juvenile system. Really if you have to talk with someone on your stepbrothers situation I'd try to go to his best friends parents or parents of someone he does scouts or sports with. They ones that could take him in for a week or two if need be. Really someone within the blended & extended family will need to take the lead in all this. A judge will appoint family if there is someone who seems to have their stuff together but they will need an atty to shepherd the guardianship paperwork through the courthouse. Otherwise an outside atty or professional guardian will be appointed.
Try to find ways to get your stepbrother to visit dad as much as possible too. Folks come out of coma's all the time….and hopefully he will!
You can get Guardianship.
Consult a lawyer preferably one that knows Elder Law.
You could also check your local Senior Services center or Area on Aging they may be of help.
I also suggest that you contact Hospice. He would surely qualify and they will be of great help. You will have a Social Worker that will help you get as much help as you need. A CNA will come to help bathe and order supplies that you need...A nurse will come in and check vitals as well as order medications.
Hospice is wonderful and is a great support system as well as the medical services that are provided. (the one we are with is a Not for Profit Hospice and the quality of care is outstanding)
I am so sorry for the grief and current situation. An important question to ask yourself is 'Is this truly going to help Dad in the long run'. Please keep reading through this article, as there is more than one answer. You have the Adult Protective Services (they are housed within DSHS) to rely on for help. Be sure in your own heart of all you are about to undertake. will helpful both any action you take will probably anger some.
I do not believe you can be appointed POA in this situation. POA is a legal tool that requires your appointment by your father. However, you brought into this question concern regarding his financial and physical safety, based on these two elements you may want to consider a Guardianship.
You also mention there is little money to help with this, you are entitled to legal services for little or no money. It is very possible that the area you live in has low income services. You also can, and I encourage, contact the National Senior Center Law Center. Although this is a national agency having information to the legalities in your specific location. They are also named Justice in Aging. They can and will help provide you with the best answer legally.