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Please help us guardianship or POA buyout case
#2
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.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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RE: Please help us guardianship or POA buyout case - 1171 - 10-03-2018, 11:13 PM

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