How to Get Power of Attorney for Someone With Brain Injury

Traumatic brain injuries can happen without warning, leaving families scrambling to make critical decisions about medical care and finances. A car accident on Highway 5, a fall at Northside Hospital Cherokee, or a workplace incident can instantly change everything. Family members often discover they cannot access bank accounts, make medical decisions, or handle basic affairs for their injured loved one.

The process of obtaining power of attorney for someone with a brain injury requires specific legal steps that vary based on the severity of the injury and the person’s mental capacity. Hagood Injury Law, LLC has guided many families through this difficult process while also pursuing compensation for the injuries that created these circumstances.

Understanding Power of Attorney Requirements in Georgia

Georgia law establishes clear requirements for granting power of attorney. The person granting the power (called the “principal”) must have sufficient mental capacity to understand the nature and consequences of the document they are signing. This creates a unique challenge with brain injury cases.

The American Bar Association defines the capacity standard as the ability to understand the following elements:

– The nature and extent of their property
– The persons who would naturally receive their property
– The effect of signing the power of attorney document
– The identity and trustworthiness of the proposed agent

A neurologist or psychiatrist typically evaluates the person’s mental capacity. In Woodstock, several medical facilities can provide these assessments, including Northside Hospital Cherokee and WellStar Kennestone Hospital.

Types of Power of Attorney for Brain Injury Cases

Financial Power of Attorney

This document allows someone to manage bank accounts, pay bills, file taxes, and handle property transactions. Georgia requires specific language in financial power of attorney documents, and the document must be notarized with two witnesses present.

Financial power of attorney becomes essential when someone cannot manage their own affairs due to brain injury. Without this document, family members cannot access accounts or pay ongoing expenses.

Medical Power of Attorney

Also called a healthcare power of attorney, this document allows someone to make medical decisions for the injured person. This includes decisions about treatment, surgery, rehabilitation, and end-of-life care.

Georgia’s healthcare directive law requires specific procedures for medical power of attorney documents. The person must be able to communicate their wishes about medical care and understand the consequences of their decisions.

Steps to Obtain Power of Attorney

Step 1: Medical Evaluation

A qualified physician must evaluate the person’s mental capacity. This evaluation determines whether they understand the nature of the power of attorney document and can make informed decisions about their affairs.

The evaluation should include cognitive testing, assessment of communication abilities, and evaluation of decision-making capacity. Documentation of this evaluation becomes crucial if the power of attorney is later challenged.

Step 2: Draft the Documents

Georgia has specific requirements for power of attorney documents. The document must clearly identify the principal, the agent, and the specific powers being granted. Generic forms downloaded from the internet often lack the specific language required by Georgia law.

Working with an experienced attorney ensures the documents meet all legal requirements and provide the necessary authority to handle the person’s affairs effectively.

Step 3: Proper Execution

Georgia requires power of attorney documents to be signed in the presence of a notary public and two witnesses. The witnesses cannot be related to the principal or named as beneficiaries in the document.

The principal must be present and alert during the signing. If there are questions about mental capacity, the notary may refuse to notarize the document.

What Happens When Someone Cannot Grant Power of Attorney?

Many brain injury victims cannot meet the capacity requirements for granting power of attorney. This situation requires guardianship proceedings through the Cherokee County Probate Court.

Guardianship Process

Guardianship involves a court proceeding where a judge determines that someone cannot make decisions for themselves. The court then appoints a guardian to make decisions on their behalf.

The guardianship process typically takes several months and requires:

– Medical testimony about the person’s incapacity
– Court-appointed evaluation by a physician
– Notice to family members and interested parties
– A court hearing before a judge

Emergency Guardianship

Georgia law allows for emergency guardianship when someone faces immediate harm or loss. This expedited process can provide temporary authority within a few days, but still requires medical evidence of incapacity.

Emergency guardianship typically lasts 30 days, giving families time to pursue permanent guardianship if needed.

Challenges With Existing Documents

Some brain injury victims have power of attorney documents created before their injury. These documents may remain valid if they include specific language about continuing effectiveness during incapacity.

However, healthcare providers and financial institutions sometimes refuse to honor older documents, particularly if the person’s condition has changed significantly. Banks may require updated medical evaluations or additional documentation.

Working With Healthcare Providers

Medical facilities need clear legal authority before sharing information or allowing someone else to make treatment decisions. Power of attorney documents must be presented to healthcare providers promptly after an injury.

Keep multiple certified copies of power of attorney documents available. Healthcare providers often require original or certified copies, and facilities may keep copies in their records.

Financial Institution Requirements

Banks and other financial institutions have their own procedures for accepting power of attorney documents. Many require the documents to be relatively recent and may request additional verification.

Some institutions have their own power of attorney forms and may require those specific documents. Planning ahead can prevent delays in accessing accounts when they are needed most.

Protecting the Injured Person’s Interests

Power of attorney creates significant responsibility. The agent must act in the principal’s best interests and keep detailed records of all decisions and transactions.

Georgia law requires agents to:

– Act within the scope of their authority
– Keep the principal’s assets separate from their own
– Maintain detailed records of all transactions
– Avoid conflicts of interest

Agents who abuse their authority can face civil and criminal penalties. Courts can remove agents who fail to act in the principal’s best interests.

Getting Legal Help in Woodstock

Brain injury cases often involve both power of attorney issues and potential compensation claims. The accident that caused the brain injury may provide grounds for a personal injury lawsuit that can help pay for ongoing care and support.

Hagood Injury Law, LLC handles both aspects of brain injury cases. Our team helps families obtain the legal authority they need while pursuing compensation from responsible parties.

We work with medical experts, financial planners, and other professionals to ensure brain injury victims receive the support they need. Our Woodstock office serves families throughout Cherokee County and north Georgia.

Power of attorney issues require immediate attention after a brain injury. Delays can prevent families from accessing needed resources and making critical healthcare decisions. Contact us for a free consultation about your specific situation.

Call our Woodstock office today at (678)-335-5555 to discuss power of attorney requirements and potential compensation for your family’s brain injury case. Our experienced legal team is ready to help guide you through this challenging time and protect your loved one’s interests.

Written by William Hagood. Read more about the author.