Getting a Power of Attorney of someone who is unresponsive due to medical conditon
Full Question:
My dad lives in New York and I live in Florida. He is in the hospital and very sick with cancer. He is on life support equipment and unresponsive. However, according to the hospital he has already named me as the person who will make medical decisions for him. How can I get a Power of Attorney or guardianship over him when he can't sign anything and I am in a different state? I am worried that I will have to go through a lot of legal red tape in the state of New York, but I can't spend a lot of time there as I am only going to be there two days.
03/11/2009 |
Category: Guardianship |
State: New York |
#15547
Answer:
In order to create a power of attorney or living will, the maker must have the capacity to understand the nature and consequences of his actions. Unfortunately, if a person lacks capacity to knowingly make a power of attorney or living will, establishing a guardianship or
conservatorship may be necessary to manage their affairs. A guardianship is established through petitioning the court. I suggest you consult an attorney who can review all the facts and documents involved.