Inheritance Guardian | Successful Grant of an Adjudication to Commence Adult Guardianship for an Unconscious Father

The father of the client who came seeking adult guardianship missed his footing and fell while hiking, severely injuring his head, and although he underwent several surgeries after being rescued, he remained unconscious to date.

The problem was that, as the treatment was prolonged, the burden of hospital expenses kept growing.

The client was in fact paying the father's hospital expenses, but even when claiming on the indemnity insurance, the insurance proceeds were deposited only into an account in the father's name, making withdrawals and transfers impossible, and various financial transactions with the bank were also impossible.

Saying, “Because I do not know how long the coma will last, I must arrange the treatment expenses in a stable manner,” the client wished to be appointed as the inheritance guardian through the adult guardianship procedure so as to be able to handle the insurance and financial transactions on the father's behalf.

In an adult guardianship case, the key is not merely to explain the family circumstances but to persuade the court, with supporting evidence, that the requirements the court reviews are satisfied.

1. Organizing the Comatose Condition and the Need for Guardianship

In this case, the central point was that the principal was currently unable to make decisions and that this condition was ongoing.

The inheritance attorney organized the circumstances of the accident and the condition after surgery on the basis of the certified copy of medical records and the general medical certificate, and clearly demonstrated that the father was unable to handle his own affairs.

2. Resolving the Treatment Cost and Insurance Proceeds Issues Legally

Even when the client filed a claim under the indemnity insurance, the insurance proceeds were deposited only into the father's account, so withdrawal was impossible, and the client was concerned that an attachment might proceed against the account, which could destabilize the payment of treatment costs.

The inheritance attorney structured the purpose of the petition so that, through the commencement of adult guardianship, the client could legally handle financial and insurance matters, and explained in concrete terms the need for financial transactions to pay treatment costs.

In addition, after the appointment of the inheritance guardian, the attorney provided guidance and assisted with preparations so that the insurance claim and the necessary insurance-related procedures (including whether changes were permitted under the policy terms) could proceed within the lawful scope.

3. Persuading the Court as to Why the Son Should Become the Guardian

The court determines not only the commencement of adult guardianship but also who is most appropriate to serve as the guardian.

The inheritance attorney persuaded the court that the client should become the inheritance guardian, on the grounds that the father was divorced from his former spouse and that the petitioner, as the son, had effectively borne the hospital expenses and undertaken his protection.

To this end, the attorney submitted the following documents in full and conducted the procedure in a stable manner.

As a result of the assistance in this adult guardianship case, the court comprehensively reviewed the father's condition and the realities of his treatment, determined that the commencement of adult guardianship was necessary, and appointed the client as the inheritance guardian.

The client was thereafter able to carry out essential procedures on the father's behalf, such as financial transactions for the payment of treatment costs and insurance claims, from a legally legitimate position, and established a foundation for stably managing the cost issues that had been the greatest source of anxiety during the long course of treatment.

Where a family member must handle insurance and financial matters on behalf of a person who is comatose, has a severe brain injury, or requires long-term treatment, a review of adult guardianship may be necessary.