CanI get a power of attorney for health care if my fathers separation from his wife was not completed?

UPDATED: Dec 5, 2011

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CanI get a power of attorney for health care if my fathers separation from his wife was not completed?

My dad left was in car accident and is still in critical care suffering from a broken neck (he’s paralyzed from the chest down). He is not breathing on his own. The good news is there was no brain damage so he is able to blink respond to me. He was in the process of a divorce and the first part of it completed the alimony. He had a future court date to complete the separation. His (ex) wife wants to pull the plug and his children (me) do not want this. Can I get a a power of attorney under these circumstances?

Asked on December 5, 2011 under Estate Planning, Oregon


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Whether or not your father is capable of signing a power of attorney depends upon whether or not his treating physician believe she is competent to sign it. If the treating physician believes he is, then you need to immediately retain an attorney experienced in powers of attorney to consult with you and your father.

Possibly your father can sign the power as a normal person can sign or perhaps  by his mouth by holding a pen in it. His signature must be witnessed by a notary. I suggest that you have the attorney as a witness and a treating physician or nurse as well.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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