Skip to main content

How do I go about getting power of attorney over my husband who no longer from dementia is in touch with reality?

Tracy, CA |

Im afaid he is giving away money to the point of not paying our car payments for 6 months and not wanting to pay any of the bills. He has constant paranoid events and His doctor has advised me to get a laywer.

Attorney Answers 3


  1. Hi. I am sorry for what you are going through. To answer your question: If your husband is lucid (ability to understand who he is, know the date and time and can state with some certainty or is aware of his financial affairs) then you can have him sign a Power of Attorney. Otherwise, you will have to obtain a Conservatorship of his Person and Estate to control his affairs. Anything that is jointly owned or community property does not require a Power of Attorney though.

    I think you need to consult with an attorney directly for your specific situation.

    The statements provided herein are meant for informational purposes only, and do not constitute legal advice. No attorney-client relationship is created by virtue of this response.


  2. Meet with an attorney that can evaluate the situation and decide if a POA would be proper.

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.


  3. The issue is whether you husband has contractual capacity (greater than mere testamentary capacity) to convey power of attorney. If so, then he can executor the necessary documents to put you in charge. From the sound of it, he probably does not have such capacity or would not voluntarily give you control. Accordingly, your alternative is to establish a conservatorship. You should consult with an Elder Law attorney or Estate attorney who handles conservatorships.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.

Wills and estates topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics