Legal Question in Family Law in Washington

Is it legally possible for someone�s family to file a case to obtain power of attorney from a husband while the wife is in a coma and is about to die within days, if there are endless independent (not related or associated with the family) stating that they separated with intent to file for divorce?

My sister is has been a coma for the past 10 days. Her husband has cheated on her and the two have separated about a couple weeks ago. No legal documents were prepared for the separation, but the witnesses are endless from her place of work, her friends, her kids, my wife�s family, etc.

The husband knows that he has the power of attorney, and has been guiding (softly forcing the family) to pull the plug. He is been talking about how he has made his peace, and discussing how he is going to approach the company where the wife went in to a coma for money (lawsuit, etc.). Either way, he can�t wait for her to die, and he is not hiding it too much.

Prior to their recent separation, he has been a terrible husband, end even worst father to their 3 kids (ages 18, 16, and 14). Now he is threatening the family with cremating her body as that is the cheapest, while he knows that she wanted to be buried next to her father who past away years ago. I know we can�t make him spend the money, but we are worried that even if we paid for it, he would want to prove a point, and do it his way.

We also believe that the kids would rather stay with grandma or sister�s family rather than staying with the husband.

Thank you in advance for your advise.

GiGi


Asked on 5/17/11, 7:44 pm

1 Answer from Attorneys

Christopher Steuart IT Forensics, Inc.

The process is guardianship. Power of attorney is created by an act of the principal, when the principal is incapacitated the process is guardianship. Who would end up appointed as guardian if you initiate that action is not clear. Your allegations would be considered, but would require factual development (evidence).

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Answered on 5/18/11, 6:55 pm


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