How do I manage my cousins affairs while she is in a coma?

You will need to have someone appointed to manage her affairs. I would urge you to call a reputable attorney to assist you. If you need recommendations on how to proceed please feel free to contact me and I can give you some referrals.

I practice in Maryland, not CO, however, CO likely has similar rules. You will need to file a Petition for Guardianship of the Person and Property, based upon affidavits from two physicians that she is not presently competent and needs a Guardian appointed. This is a matter of State law. I would strongly suggest that you consult with a local attorney (perhaps selected from the website resources) with experience in this area of law, to offer a free initial consultation and perhaps assist with the process. If this information was helpful to you, even if you do not like or agree with the advice, please let me know by clicking on the “Helpful” or “Best Answer” button. Good luck!

I am so sorry to read of this. it sounds like guardianship and conservatorship needs may exist. I would check for such attorneys on this website. I wish you and your family all my best. DD

Very sorry to hear. You will need to talk to a local Probate attorney regarding her financial affairs. If the accident was caused by someone else, she (or her family/next of kin) may be entitled to personal injury compensation. In that regard, you should talk to a local Personal Injury lawyer. Most of us offer free telephone consultations to get started and a local personal injury attorney like myself could also refer you to a good local Probate attorney. Good luck.

I practice in Virginia, and am not licensed in Colorado, but I deal with capacity issues a lot in my practice. Because your cousin is in a coma, she does not currently have the capacity to make her own medical (or other) decisions. While someone lacks capacity to either make her own decisions or to appoint someone else to make decisions for her, you will need a court to decide who can make those decisions on her behalf. In Virginia, you would petition for guardianship to be able to make nonfinancial decisions for your cousin, and for conservatorship to be able to make financial decisions. This is a prime example of the fact that incapacity can happen to anyone, even those who do not have a mental illness. This is why I always urge my clients to put Powers of Attorney and Advance Medical Directives in place while they still have the capacity to do so. If your cousin had such a directive, you wouldn't have to wait for the court to be able to help make decisions for her because she would have already dictated who she wanted to make those decisions for her. I suggest you contact an attorney in your area who is familiar with guardianship procedures, and then also speak to an attorney who can help you and yours get powers of attorney, advance medical directives, and wills or trusts in place. Another aspect of this that may become a challenge is HIPAA. Service providers cannot share information with people other than the patient herself, an authorized representative, or someone whom the patient has listed on a privacy release who is permitted access to protected health information. Often times medical professionals are so cautious about releasing protected health information, that they misunderstand HIPAA. Even if the doctors won't talk to you about your cousin, and her status, medications, procedures, etc., you can always talk to the providers. Sometimes the best ways to do this so that the provider gets the necessary information (allergies, history, etc.) is to write an email or leave a voicemail message. That way there is one-way communication from you to the provider and the provider gets the necessary information without compromising the patient's privacy. I wish you the best, and I'm sorry to hear you're going through this difficult time.