Legal Question in Personal Injury in Pennsylvania

power of attorney for one who is disabled

My 26 year old, single, son was in an automobile accident last thursday and has sustained a severe head trauma injury. He is unconscious and expected to be so for a number weeks and most likely needing months of rehab after that. He has school loans (citibank)who has pretty much said they don't care what the excuse they want paid. I personally don't have the funds to pay on his loans and keep myself afloat. Also he was living in PA with his grandparents and I live in WV.

How do I go about securing power of attorney so that I can use some of the money he has coming in to pay his bills?

His Mother & I are divorced but she also wants me to be able to do this. Thank you for any assistance - Sincerely


Asked on 11/20/06, 2:21 pm

2 Answers from Attorneys

Paul Stacom Law Offices of Paul J. Stacom

Re: power of attorney for one who is disabled

A Power of Attorney is a document whereby a person appoints one or more individuals to handle their personal affairs in the event they are incapacitated. If he did not do this, it becomes more difficult, however, we can work with his creditors as to payment arrangements.

As for the accident, we also handle personal cases, and pursuant to his auto insurance policy he may be entitled to lost wages. I would recommend prompt action as to the accident, in terms of obtaining any and all information pertaining to it, ie. police accident report, to protect his rights with respect to the same, in the event the other party is liable.

Please contact me to discuss this matter. As your son resided in PA, any action to recover for his personal injuries would occur here, and I would recommend that you obtain PA counsel.

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Answered on 11/22/06, 8:24 am
William Marvin Cohen, Placitella & Roth, P.C.

Re: power of attorney for one who is disabled

I'm sorry to hear of this serious injury to your son. There will be court proceedings necessary to appoint a guardian, the court will have to find that he's incapacitated. So you need to get an attorney on the case. That can take some time so there may be better ways to deal with the current situation, until he wakes up. I hope that's soon.

Technically, a power of attorney only works when a person gives it before they are incapacitated. If your son lived in PA, the attorney will need to practice in PA, since the county court where he lived will have jurisdiction. Also, his auto insurance may provide benefits for lost income as well as medical expenses.

Our firm has a lot of experience with head injuries and we know how difficult they can be. Please call me personally if we can help.

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Answered on 11/20/06, 3:44 pm


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