The records didn't say my husband was incompetent, but the judge listened to my story and signed the papers for a temporary order. T his article is written with reference to Wisconsin law, but the guardianship laws are substantially similar in most states. Certainly, a person in a coma will meet this requirement. If you can get a doctor to put something relative to the coma in writing, the petition should be granted. And most judges have enough common sense to appoint a guardian on at least a temporary basis, when a person is in a coma.
Guardianships can be both temporary and permanent.
In most brain injury cases, it is probably best to start with the temporary guardianship. Wisconsin allows for such appointment for a period of 60 days, which can be extended for an additional 60 days. The tougher question arises at the end of such period. The requisite finding of incompetency or other like incapacites may be hard to establish. Any relative, public official or any other person can petition for the appointment of a guardian.