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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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I was advised by the hospital and social worker that my husband

Customer Question

I was advised by the hospital and social worker that my husband who is in the later stages of dementia is not capable of signing a power of attorney....what are my next steps?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Infolawyer replied 1 year ago.
Hello and thank you for the question. I am sorry to read of this dilemma.
If he lacks mental capacity you would need to have a court appoint you as his agent. This is known as guardianship, and the court will want a written application and likely medical testimony/hearing to confirm. Normally handled by local estate counsel petition. would you like a directory as well, no additional charge, for finding counsel to so apply?

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