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What Happens When No One Is Legally in Charge?

By the time her father slipped into a coma, it was already too late — no one had the legal authority to help.

What Happens When No One Is Legally in Charge?

A woman came to us overwhelmed.
Her father had suffered a sudden medical emergency and fallen into a coma.
The family was scared — and ready to do whatever it took to help.
But they couldn’t.

He hadn’t signed any powers of attorney.
There was no healthcare surrogate form.
No instructions. No legal authority.

They couldn’t:

  • Access his accounts

  • Pay the mortgage

  • Talk to the doctors

  • Make decisions about his care

The bank said no.
The hospital said no.
The court was the only path forward.

By the time her father slipped into a coma, it was already too late — no one had the legal authority to help.

So the family had to:

  • File emergency petitions

  • Attend hearings

  • Spend money they hadn’t budgeted

  • Wait… when waiting was the last thing they needed

The process dragged on for weeks.
It created stress, confusion, and emotional strain — all while they were trying to care for someone they loved.

And here’s the thing:
This wasn’t about money.
It wasn’t about poor decisions.
It was about missing documents — and a missing plan.

A few simple forms could’ve changed everything:

  • A power of attorney

  • A healthcare directive

  • A conversation while her father was still able to make choices

Instead, the court had to decide.
And the family had to scramble — through red tape, bureaucracy, and legal fees.

Incapacity planning isn’t about being pessimistic.
It’s about being prepared.

Because when something happens — and it often happens suddenly — your loved ones will either have the tools they need…
Or they’ll be stuck waiting for permission.

You don’t need to wonder what would happen in that moment.
You can decide now.
You can choose who helps, how they help, and make it as easy as possible for them to step in.

It’s not about paperwork.
It’s about peace of mind — for you, and for the people who love you.

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Craig R. Hersch

  • Senior Partner,
    • Sheppard Law Firm
  • Florida Bar Board Certified Estate Planning Attorney / CPA
  • Editorial Advisory Board Member,
    • Trusts & Estates Magazine
  • Founder & Board Member,
    • State Chartered Trust Company