can you get power of attorney if someone is in a coma?
237693
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.
144197
Most states require that powers of attorney be signed by the principal in the presence of witnesses or a notary. An incarcerated principal also must follow these rules. If the prisoner has an attorney, you can ask the attorney to prepare it or you can give her the document and ask her to arrange for signature.
392433
The Power of Attorney for Health Care form makes it possible for adults in Wisconsin to authorize other individuals (called health care agents) to make health care decisions on their behalf should they become incapacitated. ... A witness cannot be your health care agent nor have a claim on any portion of your estate.
206262
The power of attorney after death ceases to have any power. Whether broad or limited, durable or non-durable, the legal power of attorney only grants powers while a person is alive. Following a death, the executor of the estate takes care of a person's estate according to the terms of the will.
1091088
Usually, a coma does not last more than a few weeks. Sometimes, however, a person stays in a coma for a long time — even years — and will be able to do very little except breathe on his or her own. Most people do come out of comas.
716260
Can a person who has a power of attorney for healthcare override a doctor's decision? ... The POA gives an appointed person the power to make decisions about personal and healthcare if you are mentally incapacitated. That could include the first right to consent or refuse medical treatment if you are incapable.
1358899
However, if your parent is living with dementia it may be too late to set up a power of attorney because they must be able to understand and sign it themselves. To do this they must have mental capacity.
725216
If you want to manage the affairs of someone who you think might lose their mental capacity and you don't already have an EPA, a lasting power of attorney should be used. Even if you already have an EPA, it can only be used to look after someone's property and financial affairs, not their personal welfare.
486889
Part 5 Under California law, a valid power of attorney must contain the date of execution. Direct the principal to sign the power of attorney. The power of attorney can be signed by the principal or by someone else acting on behalf of the principal, in the principal's presence, and in the principal's name.
1160332
Guardianship also can be required when a person with Alzheimer's or dementia is no longer able to legally sign power of attorney documents due to mental incapacitation. Guardianship gives you the legal right to make decisions for a parent or loved one with Alzheimer's or dementia.
567361
Unfortunately, you can not get a power of attorney from an unconscious person. You will have to petition the Court to appoint a guardian. The guardian will have the authority to control her assets and pay her bills.
98548
In order to make a power of attorney, you must be capable of making decisions for yourself. This is called having mental capacity – see under heading, When does someone lack mental capacity? You can only make a power of attorney which allows someone else to do things that you have a right to do yourself.
1047016
What is a coma? Someone who is in a coma is unconscious and has minimal brain activity. They're alive but can't be woken up and show no signs of awareness. The person's eyes will be closed and they'll appear to be unresponsive to their environment.
1053085
A. Unfortunately, no. Your mother's financial power of attorney expired upon her death and is no longer valid. ... In 1984, California adopted the Uniform Durable Power Of Attorney Act which provided that, if the POA were expressly made to be “durable”, it would survive the principal's incapacity and remain valid.
147517
Recovering from a coma People who do wake up from a coma usually come round gradually. They may be very agitated and confused to begin with. Some people will make a full recovery and be completely unaffected by the coma. Others will have disabilities caused by the damage to their brain.
321046
You don't have to create a power of attorney. But if something happens to you and you don't have one, other arrangements will have to be made. A family member may have the right to make certain personal care decisions, and can apply to become the guardian of your property.
787928
A power of attorney (POA) authorizes someone else to handle certain matters, such as finances or health care, on your behalf. If a power of attorney is durable, it remains in effect if you become incapacitated, such as due to illness or an accident.