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If my wife can no longer execute a Durable Power of Attorney,

 
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  • Answered by:psimmons
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Customer Question

If my wife can no longer execute a Durable Power of Attorney, what recourse do I have as her husband to act for her?

 

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State/Country relating to question: Texas

Already Tried:
I have the Durable Power of Attorney document already, but my wife is not competent to know what to even do with a pen or pencil.

Submitted: 295 days and 22 hours ago.
Category: Family Law
Value: $38
Status: CLOSED

Accepted Answer

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Expert:  psimmons replied295 days and 22 hours ago.

Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Your recourse is to go to court and request the court appoint you as her guardian.

The court can, and will if you can show your spouse is not competent, appoint you as her legal guardian.

As guardian you would have the power to take steps to protect her assets and her person.

But you need a court order to make this happen.

And you will need to hire a lawyer to prepare and present the case.

What you describe, this is a very good case to have the court appoint you as guardian.



Expert TypeLawyer
Category: Family Law
Pos. Feedback: 98.2 %
Accepts: 1943
Answered: 7/30/2012

Experience: Family Law Expert

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