Let’s take an example to illustrate this issue: Susan’s eighteen year old son, Jake, was involved in a motorcycle accident which left him
unconscious and in a coma. Can Susan legally make Jake’s healthcare and financial decisions now that he is unable to? The answer is NO.
Susan would not be able to do so just because she is Jake’s mother. Jake would need to have Healthcare or Financial Powers of Attorney in
place nominating Susan as his primary agent, Susan would then have the appropriate authority. However, the fact that Susan is Jake’s mother doesn’t give her an automatic right to make decisions
for Jake when he is unable to do so.
In our example, if Jake had not created Powers of Attorney, Susan would have to initiate a Guardianship/Conservatorship at the courthouse.
This type of proceeding can be very expensive, time consuming and potentially humiliating.
What can we learn from this? If you are over 18 years of age, you need a properly drafted Healthcare Power
of Attorney and Living Will put into place which nominates the individual(s) you, not the court, wish to handle your medical decisions should you become incapacitated.
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