CanI get a power of attorney for health care if my fathers separation from his wife was not completed?

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CanI get a power of attorney for health care if my fathers separation from his wife was not completed?

My dad left was in car accident and is still in critical care suffering from a broken neck (he’s paralyzed from the chest down). He is not breathing on his own. The good news is there was no brain damage so he is able to blink respond to me. He was in the process of a divorce and the first part of it completed the alimony. He had a future court date to complete the separation. His (ex) wife wants to pull the plug and his children (me) do not want this. Can I get a a power of attorney under these circumstances?

Asked on December 5, 2011 under Estate Planning, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not your father is capable of signing a power of attorney depends upon whether or not his treating physician believe she is competent to sign it. If the treating physician believes he is, then you need to immediately retain an attorney experienced in powers of attorney to consult with you and your father.

Possibly your father can sign the power as a normal person can sign or perhaps  by his mouth by holding a pen in it. His signature must be witnessed by a notary. I suggest that you have the attorney as a witness and a treating physician or nurse as well.


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