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

Answers:

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.


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