QUESTION

Are there special forms for a parent of a disabled adult to show to health care providers?

Asked on Aug 02nd, 2012 on Family Law - Texas
More details to this question:
My parents have a disabled child/adult who is 40 years old. He contracted viral meningitis at 9 months old and was left physically/mentally disabled. He is having some medical issues and my parents are constantly asked if they have power of attorney over him. My understanding is that a power of atty only works when the individual had capacity and could sign the form. But my brother never had legal/mental capacity. He''s essentially a 9 month-old baby in the body of a 40 yr old. So what are these people asking for? Also, these people ask my parents for my bother''s ID. How would they go about that? Someone told me I could just get a notarized letter stating he is disabled and my parents can make decisions for him. Is that true?
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1 ANSWER

Adoption Law Attorney serving Easton, PA at Ellen S. Kingsley
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They are probably asking for guardianship papers.  When an adult is incapacitated, you can petition the court to be able to make decisions on their behalf.  The court would need to grant the petition.  A notarized letter would not suffice.
Answered on Aug 04th, 2012 at 10:37 AM

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