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Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 32552
Experience:  30 years experience representing clients.
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My husband has vascular dementia and resides in a memory

Customer Question

My husband has vascular dementia and resides in a memory care center. I have dpoa for financial decisions. We are a second marriage after we had both been widowed. His son wants him to sign a document giving him power of attorney for a water bill I think. I was wondering how legal his signature will be when he has been declared incompetent for mental reasons.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Kansas
JA: Has anything been filed or reported?
Customer: I have both dpoa for health and financial decisions that have been notarized. I have given copies these documents to both the medical personnel, his bankand his financial advisor.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Is this going to cost money?
Submitted: 5 months ago.
Category: Legal
Expert:  Loren replied 5 months ago.

I am Loren, a licensed attorney, and my goal is to answer your question and provide you excellent service.

Expert:  Loren replied 5 months ago.

Any POA signed by your husband after diagnosis of dementia will be of no enforceability if he has been declared incompetent.

Expert:  Loren replied 5 months ago.

If a court has not declared him legally incompetent, though, it is possible, if he has periods of lucidity, for him to give a valid POA. The son would want witnesses when it is signed who can testify that he was lucid and fully aware of the purpose and consequences of the document he was signing.

Expert:  Loren replied 5 months ago.

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Thank you!