Power of Attorny
My brother was in a serious accident and is in acoma. We need to have someone be the power of attorny, to take care of things for him. He is divorsed, with a 15 son, he has custidy. We would like to make his 25 year old son power of attorny for everything until my brother recovers. He did not have a living will.
Re: Power of Attorny
The “Power of Attorney” is created by contract and if the grantor is in a coma, then that will not be a direction which will work. Depending on the duration of his incapacity, which, I understand, may be unknown at this time, you have the choice of “making do” in the present situation or seeking assistance of a court to establish a court appointed temporary administrator of his financial affairs. Meanwhile, the court granting the divorce and granting your brother custody of his son has the jurisdiction over what to do about the minor son’s situation. If this situation is going to stay as it is for any length of time, you will need legal guidence for things could get very complicated.
Earl Bentley
Earl Bentley & Associates
10217 Best Drive
Dallas, TX 75229
Re: Power of Attorny
The only person that can grant a power of attorney for your brother is your brother. In other words, you can’t get a poewr of attorney document unless the person granting the power has the capacity to sign. Since your brother is comatose, he cannot grant the power.
With respect to your brother’s adult son, he can initiate a temporary guardianship over your brother’s estate in probate court, if need be. This would allow him to handle the financial affairs of your brother, until he recovers.
You mentioned that he is divorced with a minor child. In that case, the court that had the SAPCR / divorce still has continuing jurisdiction with respect to the care of the minor. Therefore, actions with respect to the guardianship of the minor would most likely be in the court that granted the divorce.
David Leon
David L. Leon, P.C.
3500 Oak Lawn Ave., Ste. 205
Dallas, TX 75219