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My father in law has dementia and my mother in law has power

 
Barrister's Avatar
  • Answered by:Barrister
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Customer Question

My father in law has dementia and my mother in law has power of attorney for him. She recently had a stroke and her comprehension and speech are severely compromised. My husband has power of attorney for her. What, if anything can be done legally so that my husband can have power of attorney for his dad until his mother regains her ability to make decisions?

 

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Country relating to Question: United States
State (if USA): New York

Already Tried:
Nothing.

Submitted: 311 days and 1 hours ago.
Category: Legal
Value: $28
Status: CLOSED
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Expert:  Barrister replied311 days and 1 hours ago.

Hello,
.
Has father in law (FIL) been declared legally incompetent by a court?
.
Does FIL have "periods of lucidity" where he can understand what is going on around him?
.

.

.

Thanks.

Barrister

.

Please remember to rate my answer. I will gladly continue our discussion until you have gotten the information you need.

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Customer replied311 days and 1 hours ago.

FIL has not been declared legally incompetent by a court.


 


He, on rare occasions, seems to have very brief moments when he appears to be lucid.

Accepted Answer

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Expert:  Barrister replied311 days and 1 hours ago.

Ok, if he is lucid for periods of time, son could see if he could get father to sign a POA during one of those periods. Since he has not been declared legally incompetent by a court, he is still presumed to be competent even though he has dementia. I have had clients who had dementia and they would have periods of lucidity that would last minutes, hours, and even days before they slipped back. When I needed to discuss things, I would wait until one of the caregivers called and told me that they were having a "good day" to talk to them. It was close, but since we were only acting in their best interests, I made sure they understood as best I could.
.
The only other option would be for son to seek a formal guardianship through the probate court for father so he could take complete control over all his affairs.
.

.

.

Thanks.

Barrister

.

Please remember to rate my answer. I will gladly continue our discussion until you have gotten the information you need.

.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

.

I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Expert TypeAttorney
Category: Legal
Pos. Feedback: 97.3 %
Accepts: 5602
Answered: 8/12/2012

Experience: 13 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs

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