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immediate emergency power of attorney
posted at November 4, 2011 6:35 PM EDT
First: November 4, 2011
Last: November 4, 2011
My husband and I never got in writing healthwise or financial wishes upon either one of us being incapacitated. Unfortunately my husband is now in an induced coma because of complications of lung cancer. (Pnuemonia).
This is the letter I wrote to our govener of N.J. :
My husband was diagnosed with lung cancer last month. He is now in the hospital in an induced coma due to pneumonia in both lungs.
We talked about what we both wanted for each other as far as health care was concerned but unfortunately never put it in writing.
I am now faced with no financial income. His pension checks are in my husband's name. for me to get my name on them his pension office told me I needed a POA. He has no bank account. I am the only one who does. My problem is an emergency. I cannot get power of attorney immediately because he is incopacitated. I went to the Atlantic County Courthouse today and was told I have to either hire an attorney (which I can't afford) or do a pro se for guardianship. It would cost $200.00 and would take around 30 days to even get it started.
I find it hard to believe there is no way to get this done. What are people in my position supposed to do? We need to be able to see a judge immediately to get assistance when things like this happen suddenly. My only hope is for my husband to wake out of this coma so he can sign the appropriate forms. If he doesn't wake up I have no recourse unless he dies which is impossible for me to even think about.
What do people do? If there is no law to help people like me, there should be.
Something to think about and also propose it to be law.
The hospital does ask my permission on healthcare decisions but without my husband's signature, financially right now I'm in a real mess unless I do go the guardianship route which could take months.
Re: immediate emergency power of attorney
posted at November 27, 2012 12:55 AM EST
First: November 27, 2012
Last: March 11, 2013
It is important to have a durable power of attorney and healthcare power of attorney before incapacity so there is no time in between incapacity and someone stepping in. If there is no documents in place then the probate court may be necessary with a guardian and conservator. An estate planning attorney in your jurisdiction can provide further info.
Evan Guthrie Law Firm 164 Market Street Suite 362 Charleston SC 29401 843-926-3813