The other day a visitor who called us from our website had a spouse who was in a coma and therefore unable to sign the necessary medical releases we needed to get her medical records to look into a medical malpractice case. He wanted to know if he should get a power of attorney. But it was too late for that.
A power of attorney allows someone to act on their behalf but the power of attorney has to be given by the person when they have the sound mind to do it. When they are incapacitated a power of attorney cannot be done.
What needs to be done in that case is to get a court to appoint a guardian. This is much more difficult and time consuming than a power of attorney.
Once a guardian is appointed by the Court, the guardian can sign the medical release to obtain the records for a medical malpractice case.
Call us if you have questions toll free at 1-800-299-HURT.
Or you can fill out the contact form on this page or on any page of our website.