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Accessing My Brain Dead Brother's Money

My brother is in the hospital he is brain dead by all accounts -- feeding tubes, etc. How can I get his money from the bank? He is on his own and I am not on his bank book. I have a doctor’s letter stating he is brain dead and I have been giving the hospital the authorization to do what they have to do for him.


As a responsible adult armed with a physician's statement of your brother's condition, you should be able to petition a court -- in most states it's the probate court that would handle such matters -- to declare your brother legally incapable of managing his affairs, and appoint a guardian. The guardian, presumably you, would then be able to provide proof of that appointment to anyone holding your brother's accounts, and take over the management of the accounts on his behalf.

The court will require that you provide an accounting of how you use your brother's money, so you will need to keep careful records, and make sure the funds are only used for his benefit. If you visit the court, a clerk can probably assist you in completing the petition to the court. You may want to consult an attorney before assuming this responsibility, but most probate courts will not require that you have legal representation to enter your application/plea.

Published on BankingQuestions.com 10/05/06