Legal Question in Wills and Trusts in Virginia
My brother is in the hospital on a ventalor and is not able to sign or do anything for himself
@ this time, I have been making verbal decision w/drs. for him. He insurance is stating that
the medical reason he is in the hospital is preexisting and doesn't want to pay, so I'm trying
to get him on Medicaid as secondary. I am listed as emerency contact @PCP office. My mom
is still living but not well herself and has asked me to handle everything for him. How can I go
about getting POA for him while he is ventaled, and out. I was told that since he is not married
that my mom is the next of kin for this, can she sign a paper and we have is notarize stating
that she gives it over to me. Help...
2 Answers from Attorneys
No, you've been told wrong, i.e., neither your Mom nor
any other family can execute a valid POA for your brother
under the circumstances described.
You must petition your local circuit court for the appointment either of a guardian or, perhaps, a conservator to be appointed for him to act in his behalf.
A principal must be sufficiently aware of his circumstances and the nature of what he is assigning to his fiduciary by way of a POA, i.e., his attorney in fact, but if the principal is in fact comatose or in an equivalent state, no valid POA is possible.
Previous answer should read: any other family "member"...
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