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.
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.
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.
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