Can a power of attorney be appointed by immediate family if a loved one is in a coma?

Question

Is it possible for the children to appoint a power of attorney if the parent is in a coma? Where are these documents usually kept? at a bank pehaps?

Answer 1

While most laws vary from State to State - the answer is that only a person of sound mind and who is able to either sign their legal name or "by their mark" which is an X - to a legal document granting power over certain decisions can legal execute a Power of Attorney.

Now, if the person is in a coma, not of sound mind, unable to communicate in any way or form, and cannot communicate their wishes to someone - then the following must be done in their stead:

A Guardianship - is a court proceeding where someone petitions the court of local jurisdiction to grant them guardianship powers for the "ward".  A Guardianship is used for medical powers and mental powers (separate in Arizona) - this would've been granted by the ward had they executed a Health Care Power of Attorney or Medical Power of Attorney on their own prior to their mental downward spiral.  A Guardianship also deals with where a ward lives, who they see, what activities they can participate in, can deal with personal issues like feeding, clothing, etc.

A Conservatorship (often confused with a Guardianship) deals with MONEY and assets - usually the assets are restricted and are only unrestricted thru court proceedings as needed and as funds are depleted.

Yes you can obtain both on a person - especially if they were not able to execute the proper documents prior to their inability to do so - this is called a G/C for short -

You are asking where documents are usually kept?  I assume you are asking for "forms" you can fill out?  There are none - you have to go thru the courts and do a GC because the principal (coma patient) can no longer legally execute any documents.

If you are a co-owner or co-signing of an account a GC is not needed.  

G/C's are not cheap - they involve many people (Court Visitor or Court Investigator, Attorney and Physicians) - all of these people have fees - plus the court fees.  You can Petition the Court for an Emergency GC and then file shortly thereafter for permanent GC depending on the physical condition of the patient.

I suggest you seek the advice of an attorney IMMEDIATELY - this is the problem people don't understand - the longer you wait the more problems are created.

THIS IS FOR THE ADDITIONAL DETAILS -

The order that doctors or medical personnel usually follow is spouse first, then children, then parents of the patient, then siblings.

ALSO - bottom line is that NO documents can be SIGNED on behalf of the patient that is in a coma - NOW, if you were able to get a G/C, the judge/court could put into place certain powers or wishes that the Guardian and Conservator requests.

This part is iffy - when my mother was dying in the hospital/hospice from breast cancer, she had a Health Care Power of Attorney and a Living Will in place - she DID NOT have a No Code form (aka Advanced Medical Directive).  A No Code form is different from a Living Will in Arizona (not sure about other States) in that A No Code form won't allow them to perform CPR on you or use the "paddles" to bring you back to life.  A Living Will prevents the doctors or hospital from placing you on the ventilator - specifically if you are in an irreversible coma or have a terminal disease.

SO>>>>my mom's cancer had gone to her bones and the doctors asked me if she had a No Code Form, I told them no, that she wanted to be brought back if she flat lined - they said that in all honesty, since the cancer was eating at her bones, if they tried to do CPR on her the chest compression would most likely break her ribs causing them to puncture organs like her lungs, etc. and she would actually die from that, all the bleeding, pain, etc. - so we placed a No Code on her even though she didn't sign it - this was done verbally - NOW.....this is WAY BEFORE HIPAA came around  - your patient's doctors may not want anything placed in her file that was agreed upon verbally - this info is from my personal experience only and may not work for you.

Answer 2

A person in a coma cannot grant a power of attorney - its too late for that.  You will need a conservatorship.

Answer 3

My oldest brother is severely mentally retarded and we recently had him ruled to be incapable of caring for himself by a judge so we could appoint my parents as his legal guardians and create a special-needs trust.  It is a difficult and heart-wrenching process, even when everyone is on the same page.  

It sounds like your parent's case might be contested by your aunts and uncles.  A legal POA's power would far surpass the decisions that might be made now, and you might not win a medical POA.  You need to see an attorney if you have any questions.