QUESTION
Is there emergency power of attorney if the person is in a coma?
Asked on Mar 22nd, 2013 on Estate Planning - Michigan
More details to this question:
My Dad died two and a half weeks ago without a will and my mom is just hours away from passing and I need to know what steps I can take.
17 ANSWERS
It is too late to create any more documents for your parents. You need to gather what you have and evaluate the options that you have now.
Answered on Mar 25th, 2013 at 1:57 AM
Estate Planning Attorney serving Torrance, CA
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The Law Office of Kelvin Green
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You cannot get power of attorney. You would need conservatorship but based in what you say there may not be anytime to do that. We are sorry for your loss.
Answered on Mar 25th, 2013 at 1:43 AM
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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Utah does not have an emergency power of attorney. Some other states might, but you need to check with an attorney in the state where your parents reside.
Answered on Mar 25th, 2013 at 1:42 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I am sorry for your situation. Unfortunately, there is no such thing as an emergency POA. A POA can only be given by your mother, while she has capacity to sign. That appears not to be the case, here. You could petition for guardianship, but that usually takes several weeks. I do not believe there is anything you can do from an estate planning standpoint.
Answered on Mar 25th, 2013 at 1:37 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Often husbands and wives own everything together, in ways so that the entire estate of the first to die will pass to the second to die. Then, if the second to die has no will, everything passes to that spouse's children in equal shares administration of the estate of the second to die must be in a court proceeding. There is no power of attorney you can get for a person who cannot sign the document; if that person were going to be in a coma for an extended period, a conservatorship (court proceeding) would be needed, but that will be moot once the person passes away. If there are children of your father who are not also children of your mother, or vice versa, see a lawyer immediately to parse how things will go. However, if they didn't do the planning during their lives, there is little you can do now. Personal note: don't sweat the financial stuff. Say goodbye to your parents, and allow yourself time to grieve. Don't be in a rush to start settling financial matters. Breathe deep, take your time, get solid advice, move slowly and surely.
Answered on Mar 25th, 2013 at 1:17 AM
Criminal Law Attorney serving Sacramento, CA
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Alison Elle Aleman
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A power of attorney can only be signed by someone who is in charge of all their faculties, so if your mother is in a coma, she cannot sign and give away her power of attorney to anyone. You can obtain a conservatorship, if it is absolutely necessary that you have control over her person or her estate prior to her death. An attorney can assist you in petitioning the court for this.
Answered on Mar 25th, 2013 at 12:57 AM
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You would need to file with the Court to obtain guardianship if she is no longer competent.
Answered on Mar 24th, 2013 at 11:46 PM
A power of attorney can only be signed by a person who is conscious and competent. It also ends at death. Hopefully your mother has a will or trust. If she comes out of the coma and is mentally competent, you should consider having a trust, will and power of attorney prepared. If not, you will be required to go through probate court if she has assets.
Answered on Mar 24th, 2013 at 9:38 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It is too late for a power of attorney now. If for some reason you need to handle her affairs before she dies all you can do is go to court and get a guardianship and conservatorship.
Answered on Mar 24th, 2013 at 9:38 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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Your mother would have to be conscious to execute any legal documents.
Answered on Mar 24th, 2013 at 9:36 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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No emergency power of attorney as powers of attorney from a person who may not have the mental capacity to execute and they die with the person. You may want to contact an attorney that specializes in conservatorships to get a conservatorship of your parent to act on her behalf, if you need to, but they will also die with the person.
Answered on Mar 24th, 2013 at 9:23 PM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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Unfortunately, in Missouri there is no emergency power of attorney if a person is in a coma. The person executing the power of attorney naming the attorney in fact has to have the ability to sign the power of attorney or the ability to authorize someone else to sign it on their behalf.
Answered on Mar 24th, 2013 at 9:23 PM
There is no emergency power of attorney. You should be aware that any power of attorney for your mother will end upon her death, so, unfortunately, it doesn't sound like a power of attorney will be of much practical use to you.
Answered on Mar 24th, 2013 at 9:12 PM
Best wishes for your family at this difficult time. Even if death is near, your Mom can sign a Power of Attorney or even a Will if she has requisite capacity. If she passes away without a Will, her assets will pass according to the laws of intestacy of your state.
Answered on Mar 24th, 2013 at 9:07 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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The only other thing is to petition the court of chancery for a guardianship of the person and property of your mother.
Answered on Mar 24th, 2013 at 9:02 PM
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I am sorry for your loss. As next of kin you can make medical decisions for you mother. You can try an ex part petition with the court if for some reason you need financial powers. Otherwise it will have to be handled through the estate process when your mother passes.
Answered on Mar 24th, 2013 at 9:01 PM
You will need to probate your parents' estates.
Answered on Mar 24th, 2013 at 8:58 PM