My husband has had a stroke and no longer can write his name or make legal decesions. we don't have a will made up.

Asked over 1 year ago - Dozier, AL

what should I do to get a will for the both of us? do i need to become my husbands power of attorney first before i make a will?

Attorney answers (5)

  1. James P. Frederick

    Contributor Level 20

    7

    Lawyers agree

    Answered . I am very sorry for your situation. It may not be possible for your husband to execute a Will OR a POA, at this point. Your best bet is to have an estate planning attorney review things with you to determine what, if anything, can be done. Whether your husband can complete an estate plan at this point or not, YOU should do so, so that your affairs will at least be in order, if something happens to you.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more
  2. Joseph Michael Pankowski Jr

    Contributor Level 18

    6

    Lawyers agree

    Answered . Attorney Frederick is correct. During any period of incapacitation, your husband is not in a position to execute a will, power of attorney or health care proxy. Note that it is possible, though, for your husband to regain his competency at some point down the road. In the meantime, please meet with an estate planning attorney who can walk you through your options, including the preparation of your own documentation. Good luck to you.

    This information is presented as a public service. It should not be construed to be formal legal advice nor... more
  3. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Very sorry for your circumstances.
    It appears that your husband can no longer sign a legal document.
    You should make a will or trust at the advice of your attorney and seek a guardianship
    of your husband.
    i wish you the best during this difficult time.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more
  4. Randy William Ferguson

    Contributor Level 19

    4

    Lawyers agree

    Answered . You need to talk to a local probate attorney as soon as possible.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more
  5. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Very sorry for your circumstances.
    It appears that your husband can no longer sign a legal document.
    You should make a will or trust at the advice of your attorney and seek a guardianship
    of your husband.
    i wish you the best during this difficult time.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more

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