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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116169
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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MY HUSBAND IS IN A NURSING HOME AND CANNOT SIGN ANYTHING,

Customer Question

MY HUSBAND IS IN A NURSING HOME AND CANNOT SIGN ANYTHING, BUT I NEED TO BECOME HIS POWER OF ATTORNEY SO I CAN MAKE HIS DECISIONS FOR HIM, WHAT CAN I DO?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: TENNESSEE
JA: Has anything been filed or reported?
Customer: WE ARE IN THE PROCESS OF FILING FOR MEDICADE/TENNCARE TO HELP WITH EXPENSES
JA: Anything else you want the lawyer to know before I connect you?
Customer: WE DO HAVE A LETTER FROM HIS DOCTOR IN STARR REGIONAL, ETOWAH, TN SAYING MY HUSBAND CANNOT SIGN ANYTHING
Submitted: 5 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If he is unable to sign anything and is not mentally competent according from his doctor, then you would need to file a petition for guardianship in the local TN court where you live and the letter from the doctor stating that your husband is not mentally competent to make such decisions. Here is a sample: http://www.selegal.org/Self-Help/Family/Guardianship%20Petition.doc
Once you file this petition you can get the court to give you guardianship within a few days which will allow you to make all decisions and sign all documents for him.
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