It can be difficult to think of the late stages of life when our once vibrant faculties are diminished or lost. It is no easy task to plan during the healthy years for a time when decision-making power is lost. The best practice is to create and regularly update a basic estate planning package with a will, power of attorney and health care directive.
But sometimes those important documents are lost, or the nominees named within are unavailable. When a health tragedy strikes that causes a property owner to become incapacitated, it becomes too late to sign a power of attorney. A person who is no longer competent to handle their legal affairs cannot nominate an attorney-in-fact no matter how serious a pending legal issue may be.
What can be done for a property owner facing a serious legal problem when the person is incapacitated and does not have a power of attorney?
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