My uncle, who resides in NY state is currently in a coma. My father has a medical power of attorney, but not a general one.

Asked about 4 years ago - New York, NY

How can my father take care of my uncle's other affairs (mortgage, etc), while my uncle is in a coma? (He does not have a spouse or children.)

Attorney answers (3)

  1. Miles P. Zatkowsky

    Contributor Level 8

    Answered . I agree with Ellen Victor. Based upon the facts given, there is no legal authority to act for your uncle. A guardianship is a court proceeding whereby the Court appoints someone by Court Order to act on behalf of another and authorizes specific powers depending upon the situation. You need to hire an attorney in the immediate area to get more facts and, if appropriate, commence the proceeding.
    Miles Zatkowsky, Esq.

  2. Ellen A. Victor

    Contributor Level 12

    Answered . Unfortunately, your only option may very well be for your father to seek guardianship over your uncle. There is a special guardianship that would apply to becoming guardian over the property. This is an expensive and difficult process and could be avoided if more people signed a proper power of attorney.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

  3. Cheryl Lynn Fratello

    Contributor Level 9

    Answered . You should contact an attorney that handles guardianship matters, such as an elder law attorney. An attorney should review the documents that are currently in place and review how your Uncle's assets are held. As indicated in the prior response, a guardianship proceeding may be required.

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