What Happens When Your Clients Are Incapacitated

Sometimes in the personal injury profession, your client may have been incapacitated from the outset of your case. Other times, they may become incapacitated during litigation and therefore are unable to provide you with direction. If the client does not have a valid durable power of attorney that expressly provides for the agent to direct litigation or claims on their behalf, a guardianship for the client is likely needed.

You will need to work with their family to determine who is able and willing to be appointed by a judge to take over decisions for your client. Remember, the guardian is required to have an attorney represent them, so it is important that they have competent legal advice throughout the process.

The typical process to obtain an appointment for a guardian takes around 1.5 to 2 months, but certain circumstances can warrant expedited procedures. If there is an urgent need for guardianship, your client may need a temporary emergency guardianship.

For more information on guardianships, please click here

If you have questions or inquiries, contact us today to speak with one of our attorneys at The Hinson Law Firm, P.A., about your specific case needs! 904-901-4809

Attorney Matthew H. Hinson has presented this one-hour CLE to various plaintiff’s attorney organizations regarding probate and personal injury claims. Read more about it by clicking on the link here: Continuing Legal Education Class – Probate for the Personal Injury Practitioner.