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I have been caring for my elderly mother for nearly 13 years, She is in ill health (due to hospital negligence). In all this time I have been taking care of her finances, medical, etc. My questions is, my brother and I are filing a lawsuit against the hospital, and wonder in the event that my mother becomes totally incapacitated or worse, passes away, how do we guarantee that the proceeds of the lawsuit will either go to my mother, or to us, should she pass. We do not have any money for an attorney, but I am willing to fill out all forms necessary and have them notarized. I feel very overwhelmed right now between worrying about my mother and now taking on this, so the simplest way to explain this to me would be greatly appreciated

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Thank's to all who answered my question. I will try legal aid, thanks again for the info
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chopper1, one thing you will need to prepare for, such lawsuits could take months to resolve.... even if you win the case, the hospital could appeal. As long as you have solid proof, and it is beyond a shadow of doubt that the hospital was at fault, then I would pursue the lawsuit.
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You really should try to speak with an attorney. That said, if you are suing the hospital for harm incurred by your mother, she (or her estate if she passes) would be the beneficiary of any proceeds from the suit. Filing and pursing a lawsuit is not merely about filling out forms. Legal practice is very complex. You might also wish to consider a personal injury attorney. Many will take cases on contingency - i.e. they get 1/3, and you don't have to pay up front. But start with legal aid or your local bar association.
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Thank You Very Much, Pam!!!
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The Durable Power of Attorney has a list of items to check off, including "all of the above"
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I am taking care of my Aunt and she recently decided to have me take over her finances, medical decisions, Dr.'s and appointments. She said to get a "Total Power of Attorney" giving me the complete control of everything. She owns no real estate, stocks or bonds. Is there a Power of Attorney that covers everything completely or do we need to have a Power of Attorney for each responsibility? Any help, advice, or suggestions will be greatly appreciated.
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Be VERY careful what you sign, because if the lawsuit is dropped, you become totally liable to pay the attorney
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If you cannot afford to hire an attorney, I would suggest you call Legal Aid and talk to them to see if they will take your case for free.

As to what forms to fill out, sorry lawsuits are very complex, you need the guidance of an attorney.
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