Situation - If a man (Bob) is in an accident and goes into a coma can the people that took his belongings keep them? I believe it was written and signed for this person to take the belongings while Bob was in the coma, but is it legal to not return these things to Bob once he recovers. I think the coma was 2 weeks or months. Is there a statue of limitations for a situation like this? (Illinois) I think it's been 7 or 8 years but I wasn't sure if it was too late to do something about it, if anything can be done. I tried looking up this information for someone but I'm having trouble. Thanks for any help.
2006-09-13 07:38:13 · 9 answers · asked by ? 2 in Politics & Government ➔ Law & Ethics
I believe the person who took the belongings was the guardian, it's just the guardian never gave the belongings back. Sorry if this isn't so clear.
2006-09-13 07:48:47 · update #1
no one has the right to take bob's things call the state ombudsman or the social worker who is assigned to bob's case in the hospital bob stayed at,these people are bob's state funded advocates
2006-09-13 07:41:35 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Someone in a coma still has legal rights, and that person's guardian can still enforce those rights.
As far as the "taking the belongings", that could become either a civil dispute, or possible rise to criminal charges, depending on what was taken and what can be proven.
If you have specific legal questions, you should contact a licensed attorney. Only an attorney can lawfully give you legal advice.
2006-09-13 07:41:45 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋
Normally when someone is mentally disabled, even more so if it might be temporary, and there is no durable power of attorney in place, the court will appoint a guardian.
All disposition of major property is subject to court approval, and the approval should state the terms. Custodians of property may well be liable to return that property when the person recovers. Or at least account for it.
Property taken without authority would, I imagine, be subject to the statute of limitations. But the guardian or trustee might be guilty of defalcation or dereliction of duty -- which is subject to different rules.
I'd have to look up the time limits, if any. Perhaps someone from Illinois will chime in.
2006-09-13 07:43:43 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Next of kin or whomever holds Power of Attorney.
I think 7 years is the 'magic' number you're looking for.
However, in some states, doctors don't need anyone's permission to alter treatment, especially concerning life support.
Specifically, I don't think that these people can keep Bob's belongings without a judge giving approval. I was involved in something similar in California, USA, and a court had to become involved.
2006-09-13 07:48:41 · answer #4 · answered by William T 3 · 0⤊ 0⤋
If Bob is married - his wife takes over as legal guardian (in most states) as what happened to Terri Schiavo in Florida.
Many people never plan for such contingencies and create larger issues for their loved ones when the contingency occurs.
2006-09-13 08:05:04 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Someone in a coma then next of kin gets stuff
2006-09-16 08:54:45 · answer #6 · answered by S B 2 · 0⤊ 0⤋
well it seems like an oath or affirmation should be made before the stuff is given in the event of waking up,hindsight is the better part of valor some say
2006-09-13 07:49:58 · answer #7 · answered by dale 5 · 0⤊ 0⤋
Tom Delay still has a huge portrait of Terri Shivo over his desk,,
2006-09-13 07:40:31 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Neddie still has the title of "idiot" haunting her.
2006-09-13 07:53:14 · answer #9 · answered by Anonymous · 0⤊ 0⤋