Legal Question in Wills and Trusts in Pennsylvania
My 24 yr. old son was in an accident 19months ago and is in a coma. At the time, the lawyer representing me got me Guardianship of the person not estate because my son only had $2000.00 dollars and he said I didn't need to get bonded or fill out extensive paperwork because of it. I could use that $2000.00 however because of extensive medical bills etc., but the bank will not release it. any suggestions
1 Answer from Attorneys
Your son needs a guardian of his person because it does not matter whether he has a $2 million dollar estate or a 2 cents estate, he is in a coma and cannot coordinate any benefits.
However, if only the $2000 is involved, PA has a procedure for small estates. The court, on application, could direct that the bank release the money to you to use for your son's benefit. This would eliminate the need for a guardian to handle these funds.
You need to go back and ask your lawyer about this.