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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9081
Experience:  since 1983
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My husband recently had a stroke, he is unable to speak or

Customer Question

My husband recently had a stroke, he is unable to speak or write. How do I attain a Power of Attorney.
JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?
Customer: Georgia, no paperwork has been filed. I am not sure what will be required.
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: No.
Submitted: 4 months ago.
Category: Family Law
Expert:  N Cal Attorney replied 4 months ago.

I am sorry to hear this.

Is he able to communicate answers to yes or no questions?

Do you need a POA for finances, health care decisions, or both?

Customer: replied 4 months ago.
For finances. He cannot speak and due to his medication he does not understand
Expert:  N Cal Attorney replied 4 months ago.

If he cannot communicate or understand, then he cannot sign a financial power of attorney or direct someone to sign one for him. In this situation, the competent spouse has to go to court and ask to be appointed as conservator, see

http://aging.dhs.georgia.gov/sites/aging.dhs.georgia.gov/files/imported/DHR-DAS/DHR-DAS_Publications/ELAP-%20GUARDIANSHIP%202012.pdf

which notes that, as his spouse, you have first priority to be appointed.

You can get a free consultation from some of the conservatorship and guardianship attorneys listed by location here.

You will need to ask his treating physician if he or she considers your husband to be in need of a conservator. The Courts usually give great deference to the opinion of the treating physician.

Please follow up on this with a local attorney.

I hope this information is helpful.

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