Legal Question in Wills and Trusts in North Carolina

Not sure if this posted initially. Here is my answer:

First, the individual in the hospital has to be mentally competent to sign a power of attorney. You say he is coherent at times. That means he or is NOT coherent at times. Is he sedated? Lapsing in an out of a coma? I or any other attorney would need more information about his medical condition as there are questions.

The power of attorney does not need to be witnessed. However, it has to be notarized and the notary has to be willing to acknowledge the signature. If the person cannot move or speak, I have a problem as to how this is going to be accomplished. Unlike a will, a power of attorney does not allow someone else to sign for him nor does it allow a signature by a mark. If the notary will not allow someone else to sign for the person, then you are going to have to establish a guardianship over the person and his property.

I do not understand the second part of the query regarding your inability to pay anything. What are you speaking of? Are there debts? Are you talking about having to hire an attorney to do the power of attorney?

If the former, then write to the creditor, explain that the person cannot speak or move and that you or a family member is in the process of obtaining a power of attorney/guardianship (whichever is the case) and that the person does not have the resources to pay his or her debts.

If the latter, you do not hae to hire an attorney for a power of attorney - there is a free power of attorney form at: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_32A/Article_1.pdf If you have to go through a guardianship, speak to the clerk of court in the county where the hospitatlized person resides and get the necessary forms. If you qualify, speak to Legal Aid regarding representation.