Help an adult who cannot manage the claim

By Jacob Alford

An adult may need help because of hospitalization, pain, medication, brain injury or an existing disability. Start by asking what help the person wants and can use. Difficulty speaking or handling paperwork does not by itself mean the person cannot make decisions.

Can a spouse or relative speak or sign for an injured adult?

A spouse or relative can help organize records, take notes, arrange transportation and communicate information with permission. Marriage or kinship alone does not give unrestricted authority to settle an adult’s claim, sign a release or receive the settlement.

Ask the injured person what assistance they want if they can decide. If they cannot, locate any existing power of attorney or court order and have its scope reviewed. A medical decision-making role is not automatically authority over a financial claim. Keep the injured person involved to the extent possible, and identify yourself honestly when speaking for them. Do not sign their name, use their account as if you were them or treat an insurer’s willingness to talk as proof that you can settle. Texas durable-power-of-attorney provisions.

What proof of authority may be needed?

The needed proof depends on the action. An insurer may accept a limited communication authorization for routine updates. Obtaining protected health records can require different authority. Settling a claim or receiving money may require a valid power of attorney that covers the transaction, a guardianship order, court approval or another legally sufficient arrangement.

Give the reviewing lawyer the complete document, including limitations, effective-date conditions and later amendments. Ask whether it is in force and whether there is a conflict of interest. If no authority exists and the person cannot authorize it, do not attempt to create it by getting a signature the person does not understand. A court process may be necessary. HHS’s personal-representative guidance concerns health information; it does not grant settlement authority.

What if the person can decide but needs communication support?

If the injured person can make decisions but needs help communicating, involve them directly and ask how they want the conversation handled. Text, email, handwritten notes or an in-person meeting may work better than a long telephone call. A trusted relative can help with communication while the injured person remains involved.

Keep the decision with the person and change the communication method. Ask for an interpreter, captioning, accessible documents, extra time, breaks or a trusted supporter, as appropriate. A person who needs a speech device or simplified explanation may still understand the choices and make the decision.

Confirm important points in the person’s preferred format: what is being offered, which rights would end, what money remains after deductions and when funds would arrive. Texas recognizes supported decision-making agreements for qualifying adults; support does not transfer the decision to the supporter. If fatigue or medication interferes at a particular time, arrange a better time rather than pressuring a signature. See Texas supported decision-making law and effective-communication guidance.

Who should review a settlement that could affect disability benefits?

Bring in someone who understands the particular benefits before accepting the settlement or directing payment. The injury lawyer should coordinate with a benefits or special-needs-planning lawyer when needed. Identify the actual programs: SSI, SSDI, Medicaid and Medicare do not all treat income, assets, reimbursement and future medical expenses alike.

Provide benefit notices, eligibility information and any trust documents. Ask whether the payment method, timing, trust terms or proposed distribution could affect benefits and what reporting is required. A trust or structured settlement is not automatically protective merely because it carries that label. The plan should address access to needed money as well as benefit eligibility. SSA explains that trust assets can count for SSI and that exceptions have specific requirements. Continue with settlement consequences before payment.

Attorney reviewed by Jacob Alford · November 11, 2026