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Richard
Richard, Attorney
Category: Legal
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Experience:  Attorney with 29 years of experience.
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My husband has dementia how do I get power of attorney for

Resolved Question:

My husband has dementia how do I get power of attorney for him where he is unable to understand or sign any documents?
Submitted: 4 years ago.
Category: Legal
Expert:  Richard replied 4 years ago.

Welcome to JA! I will do my best to help you. Please be aware, however, that I am only able to provide information and cannot offer specific advice!

 

Good morning. Once someone no longer has the mental capacity to make decisions on his own, that person can no longer legally give someone a durable power of attorney. Rather, at that stage, someone must file a petition in family court to have the person declared incompetent and be appointed that person's guardian...which not only gives the guardian authority to act on the person's behalf but eliminates the ability of the incompetent person to make decisions on their own.

 

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Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

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