Power of Attorney for someone with brain injury.

If she is no longer of sound mind you cannot obtain a power of attorney. Rather, you will have to petition a court for guardianship. Contact a local estate planning attorney and have them guide you through this process. I recall there are several attorneys who post regularly on that handle this type of work in the Houston area. Good luck. NOTE: If you find this response helpful, please click on the “thumbs up” button at the bottom. DISCLAIMER: THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT A QUALIFIED ATTORNEY.

I agree with Mr. McWilliams. You have to be of sound mind to grant someone a power of attorney. THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.

If a brain injury is this severe then they will have to hire an attorney to file a petition for a guardian ad litem appointed to protect the legal interests of your friend's sister.

I agree with the other attorneys that you cannot create a power of attorney for a person who is mentally incapacitated, and that guardianship is your best option. I recommend that the person hire an attorney experienced in guardianships to help guide you through the process, which involves filing a lawsuit to create a guardianship. Once the lawsuit is filed, the person will need to have a list of the relatives of the incapacitated person ("proposed ward") so the person's attorney can provide notice to them of the proceeding. In Harris County, the courts require a letter from a physician confirming the need for a guardianship. The courts typically use this form: http://www.hctx.net/CmpDocuments/48/Home/DoctorsLetter.pdf Please feel free to have your friend's sister call Painter Law Firm at 281-580-8800 if we may be of assistance to her.

I agree with the other 2 attorneys. You need to talk to an attorney that deals with probate law. I highly recommend W. Kevin Alter in the Houston area. His phone number is 713-526-2333. His prices are reasonable. He is compassionate and will explain things in terms that you can understand. Unfortunately, without a power of attorney already done by your sister, you will need to go to court and have a guardian appointed. Now it's going to be expensive and burdensome on the person appointed her guardian. All the best to your family durng this difficult period.