Written by Benjamin Kingsley
Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.
Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.
This is a challenging situation that estate planning attorneys encounter from time to time. When someone becomes incapacitated and unable to sign a power of attorney document, it can create significant legal and practical difficulties for their loved ones. However, there are some potential options to consider.
First, it’s important to understand that a power of attorney generally must be signed while the principal (the person granting the power) has mental capacity. If the individual is unconscious or otherwise lacks capacity, they cannot legally execute a new power of attorney document at that time.
If no prior planning was done, the main option is usually to petition the court for guardianship or conservatorship. This involves asking a judge to appoint you or another suitable person as the legal decision-maker for the incapacitated individual. While this can be an effective solution, it is typically more time-consuming, expensive, and restrictive than having a power of attorney in place.
In some jurisdictions, there may be provisions for emergency or temporary guardianship that can be obtained more quickly in urgent situations. An experienced estate planning or elder law attorney in your area can advise you on the specific options available based on your circumstances and local laws.
This situation underscores the importance of advance planning. Ideally, individuals should execute durable powers of attorney for both financial and healthcare decisions while they still have capacity. These documents remain valid even if the person later becomes incapacitated, avoiding the need for court intervention in many cases.
Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.
Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.