Legal Moment: If someone can’t manage their personal care, and/or finances, but doesn’t have a POA, what happens?

Joshua Laplante

Often a family member or loved one will have to apply through the courts for guardianship of that person.

How long does that take?

A couple of months to a year, or longer depending on variables. Say dad slipped into a coma, he’s stable but he won’t be waking up. The justification for the courts toward guardianship is obvious since dad clearly can’t manage his day-to-day. It becomes much more complicated and takes longer if, say dad was on the edge of dementia, he’s functioning, his decisions are questionable, courts need clear evidence of incapacity such as a formal capacity assessment before awarding guardianship, which can greatly increase the timeline. Anyone without a power of attorney for property and personal care should get one sooner rather than later.

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