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