Ora Lomax did not go to probate court seeking guardianship or conservatorship, because the person, William Lomax, was her husband.  Instead, VCU Health System, where William Lomax had been a patient for just over a month — ever since one of his home aides had called 911 because he was having trouble breathing — had filed a petition with the court to have William declared incapacitated and have a guardian appointed to make decisions for him.

You read that correctly.  The hospital stepped-in to gain control of William Lomax, bacause VCU Health System didn’t think Ora should be the guardian, because they said it wasn’t safe for her to take William home again.

William and Ora had been living in their small home near Virginia Union University. A car accident in 2016 left William, 87, with a brain injury, Ora, also 87, needed help from 24-hour home health aides to take care of him. She couldn’t change him or help him out of bed because of her own physical limitations, but she was there to make sure the aides did.

The judge granted VCU Health System’s request to have its attorney, R. Shawn Majette, appointed William’s guardian and conservator.  Ora, who did not have an attorney, sat in Richmond Circuit Court and watched as a judge took away her right to make decisions about her husband’s care and treatment.

Read Ora Lomax story

You never know what or how something is going to happen.  In this case the hospital stepped in to take control away from a spouse; and proceed to make decisions without the spouse’s input.  For this and many other reasons, you should put your documents in place.