What Do You Do When You Don't Have a Power of Attorney

[wing8lc]

My question involves a power of attorney in the state of: Delaware

My brother in law went to his bank with my sister on 10/26/2010 to add my sister to his checking account and to sign papers for TOD for his investments. The bank said everything is in order. My brother in law has since had his health fail to the point he is no longer able to make decisions and is not expected to live another month. The bank called my sister today and said they need two more papers signed for the TOD (they neglected to have him sign the papers on 10/26/10 in error). This is not possible because he isn't even aware of his surroundings and not capable of making decisisions anymore. What can she do? There is currently no power of attorney

[Mr. Knowitall]

She can seek guardianship. I am skeptical that she'll be able to complete the "transfer on death" designation based upon her guardianship, though.

[wing8lc]

I don't know what's involved in seeking guardianship- and I am sure she doesn't know either. There's a twist in this- he has a son- next of kin and ready to collect what's due him. My sister has "lived" with him for 20 years and when he knew he was facing serious health issues he wanted to make her beneficiary of his bank account and his investments. He went to the bank and signed all the papers to make sure this happened. It's only now- when he is way too sick to sign anymore, that the banks says they need him to sign 2 more papers. He simply cannot sign them. Any ideas what she should do? She refuses to try to get him to sign anything in his few 'aware' moments. She thinks it's morally wrong at this point.