Legal Question in Wills and Trusts in Texas
Power of Attorney
I have a nephew that was in a car accident. He has been in a coma for 6 weeks. He is 21, who has power of attorney to make these desisons? His mother is no where to be found but his father and grandmother want this, how do they go about it?
2 Answers from Attorneys
Re: Power of Attorney
You will have to petition the court to be named guardian of the person and the estate. If you want my help on this matter, contact me by e-mail.
Re: Power of Attorney
I'm sorry to hear about this. As for your issue, you cannot use a power of attorney, because the power grantor, the nephew, has to be the one to grant the power. Because he is incapacitated, you have to go to the appropriate probate court and ask for a guardianship application. This allows the court to appoint a guardian of the person. Once this has been done, you can then handle the affairs of the nephew. I'm more than happy to speak with you about this in detail at no extra charge.
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