Ward of Court / Power of Attorney?

fender

Registered User
Messages
140
My father is seriously ill and has not been concious for several weeks now. He may not be capable of making decisions if and when he recovers.

There are a some bills that needs to be paid and more on the way. Two are fairly substantial. He has the money in his account but I presume we cannot access it.

Would he have to be made a ward of court or is it possible to be granted power of attorney?
 
I'm sorry to hear about your father.

Power of attorney can only be granted while person is of sound mind and is only valid as long as they continue to be of sound mind.

An enduring power of attorney ( sometimes called a living will) also can only be granted when the person is of sound mind but actually only comes into effect when the person who granted it is no longer competent to manage their own affairs.

If is he no longer capable of granting either type of power of attorney as he is not mentally competent to do so then you would have to apply to have him made a ward of court and have someone appointed as his committee. However this is not recommended as a temporary measure ( not least because it takes a while to be done) and you will have to wait and see whether he regains competence or not.