If my father is in a coma and I am his oldest child, how do I obtain POA if my uncle says he already has it?

My dad had an accident 2 years ago on my 19th birthday and is now, still in a coma. His brother, who is my uncle, recently came to me and asked me to vacate the home I live in which belongs to my dad. He said that he has the right to do this because he has control over all of my dad’s belongings because he is the POA. I know that my dad did not have any POA papers before his accident, and therefore my uncle has had to go through a court to obtain POA if he does have it. I do not understand this, as it’s to my knowledge that I, his oldest child, should be the decision maker and overseer of my father’s belongings. Can you help me understand how my uncle would have obtained POA when I am next of kin, and how I would go about revoking it and obtaining it myself?

Asked on July 17, 2012 under Estate Planning, Mississippi


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You cannot receive a power of attorney from your father if one does not exist since your father is in no physical or mental condition to sign one legally.

I would ask your uncle for a copy of the power of attorney in that if he has one, he legally is required to provide you with a copy. Given the circumstances you have written, you should consult with a Wills and trust attorney about the circumstances to assist you before things get difficult with your uncle.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.