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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.

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

Posted

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. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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Posted

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 considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.

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Posted

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 action is to have legal representation in this matter.

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6 lawyers agree

Posted

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 action is to have legal representation in this matter.

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4 lawyers agree

Posted

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 response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.

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2 comments

Joseph Franklin Pippen Jr.

Joseph Franklin Pippen Jr.

Posted

Why a probate attorney? No one has passed away in this question.

Randy William Ferguson

Randy William Ferguson

Posted

Most of our probate attorneys are the most experienced in handling those issues. Any general practitioner can do, but many of our probate attorneys deal with it all the time and may be needed down the road with other issues.

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