If my adult son had a recent accident and is a non-responsive coma, how do I obtain power of attorney?
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If my adult son had a recent accident and is a non-responsive coma, how do I obtain power of attorney?
Asked on November 29, 2012 under Estate Planning, Washington
Answers:
Victor Waid / Law Office of Victor Waid
Answered 11 years ago | Contributor
You will need to obtain probate legal counsel to file a petition for conservatorsahip of his person and estate if any, which will give you the power to act on behalf of your son.
Catherine Blackburn / Blackburn Law Firm
Answered 12 years ago | Contributor
Unfortunately, under these circumstances you cannot obtain a power of attorney. A Power of Attorney must be signed by the "principal," which in this case is your son, and the principal must have capacity to execute it. A person in a coma does not have capacity to execute a power of attorney.
If your son regains consciousness and can understand what he is doing, he can execute a power of attorney at the time. Many life and estate planning lawyers will go the hospital to assist, if necessary.
If you need authority to act for him before he regains consciousness, or if he lacks capacity after he regains consciousness, you will need to petition the court for a guardianship (called a conservatorship in some states). This is a fairly expensive process, so I suggest you wait and see how your son recovers if you do not need legal authority right now.
I am sorry that you and your son are facing these circumstances. I wish the best for you and your family.
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