Workers' Compensation Discussion Forums
Please help us guardianship or POA buyout case - Printable Version

+- Workers' Compensation Discussion Forums (https://www.workerscompensation.com/forums/general)
+-- Forum: Category (https://www.workerscompensation.com/forums/general/forumdisplay.php?fid=3)
+--- Forum: Injured Worker Forum (https://www.workerscompensation.com/forums/general/forumdisplay.php?fid=4)
+--- Thread: Please help us guardianship or POA buyout case (/showthread.php?tid=17628)



Please help us guardianship or POA buyout case - Palmers - 10-03-2018

My wife’s case has settled a few years ago. Lifetime medical and lifetime pension. Her dementia was proved to be industrial along with other gi and internal medicine symptoms. My first question is in regards to the attorney. I thought after the case settled I wouldn’t hear from them anymore but why are they still in charge of setting up appointments and assigning my wife to their own choices on the mpn? Shouldn’t this be handled by her family? I haven’t even received from the lawyer adjuster information or anything. They have full control. I don’t understand why are they still in the picture at this point. We are in CA, San Jose and I think the best would be to buyout the case since we r planning on moving to Australia. I was told guardianship would have to be the way but I won’t file for that. My wife has prepared a medical and financial power of attorney backdated years ago when she had a sound mind. I don’t want to file for guardianship because is a lengthy process and too invasive. Is a durable power of attorney sufficient to buyout the case and act on her behalf/her best interest? The lawyer stated guardianship!!! The doc is complete. There are 2 witnesses signed and in CA I was told either 2 witnesses or notary not both. Am I correct? I don’t think I need guardianship and I won’t go that route.


RE: Please help us guardianship or POA buyout case - 1171 - 10-03-2018

Obviously only part of the benefits were settled.
You’ve made a mistaken assumption about how the legal process works. Generally a POA is limited and specific and doesn't grant unlimited control to make decisions. unless its a durable POA it becomes invalid once there is incompetency.
In California if certain powers are not expressly written in the general power of attorney then they don’t exist.
Until they are formally dismissed by your wife, substituted out, or the claim is closed and benefits terminated the attys of record remain. Termination of legal representation is not automatic. If the remaining benefits are bought out, they will be entitled to an additional fee.
It’s not you or the family’s claim; it’s the workers. The legal system does not automatically grant control of the workers benefits to any family member claiming it. What you or they think is best is not the same as the workers choice. Are you and the rest of the family expecting to gain control of her settlement $$$$$? if she is determined to be incompetent, the comp court would require a trust account and retain control of the funds.
Maybe you and the family should consider other legal advice; attys representing you might be able to offer an alternative to the guardianship process. This site can offer information but does not provide legal advice.
the carrier will be still responsible for her care no matter her residence.


RE: Please help us guardianship or POA buyout case - 1171 - 10-04-2018

Glad I was able to help.