Legal Question in Wills and Trusts in Texas
What if There is No Power of Attorney
An elderly gentleman is hospitalized after a major vehicle accident. The patient is in critical condition and highly medicated. No Power of Attorney can be located. He has four children all overthe age of 21. Is the oldest child the representative for them all? Can the oldest child control the injured persons personal effects?
2 Answers from Attorneys
Re: What if There is No Power of Attorney
No, and no. It's unfortunate, but without legitimate Powers of Attorney, no one can make any decisions for him; either financially or medically.
Re: What if There is No Power of Attorney
When there is no power of attorney, the only person who can speak for him is his legal guardian. A guardianship proceeding is a complicated lawsuit, and the person who wants to be guardian should hire an attorney to help with the application. A power of attorney would have been much easier and less expensive, but there is nothing you can do about that now.
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