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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 19628
Experience:  B.A.; M.B.A.; J.D.
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Second opinion] Does a wife w/POA have sole right to

Customer Question

Second opinion] Does a wife w/POA have sole right to discharge a spouse (46 yrs. old; early stages of ALS; no obviously physical ramifications except speech loss; cognition slow and deliberate, but otherwise, "normal". He is very unhappy and increasingly depressed, i.e., his dining partner is 103 years old. He can not leave his room to go anyway without being escorted
JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?
Customer: DE. I know next to nothing about particulars. His wife does not communicate w/ me. I have found that numerous attempts to have him declared incompetent have failed.
JA: Has anything been filed or reported?
Customer: What do you mean by "anything" She has taken him to ER twice and he was released each time; Family services interviewed the wife and both children (boy age 17 and girl 14). No results were reported to me our other family members which leads me to believe the results were inconclusive at best. Negative results are always reported to me. Also, his wife asked me to keep him for one week ( late April) so that she and Dr. could "convince" facility to take him. He was accepted "conditionally for one month, after which he was accepted. Why not? He is very cooperative and 'Private Pay." As far as I can tell, he is receiving no services such as PT, assistance with Rx management,etc. He and I see no need for either. The basic question is, "Why is he there and can he sign himself out? I'm sure there's a paper trail on all of this, but I have not seen and do not have access
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have kept copious notes, all texts, etc. related to this. I think it's interesting that he was entrusted to me on two occasions, when it was convenient for his wife. More than once, I indicated that he is always welcome w/me. Her response was something to the effect that, "A caregiver in denial (me) and a patient in the latter stages of the disease (my son) is a dangerous/lethal combination." He was with me 24/7 both times and was good company and very helpful fixing, assembling, stuff, etc. at my shore rental property. He communicates appropriately via an assistive device, since he has lost his speech, which is the only obvious symptom. He hates where he is and wants to go home. Her position is that only she can discharge him and her answer is consistently, "No."
Submitted: 3 months ago.
Category: Legal
Expert:  Phillips Esq. replied 3 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 3 months ago.

I am sorry to read about your son's difficulties.

Your Question:

Does a wife w/POA have sole right to discharge a spouse (46 yrs. old; early stages of ALS; no obviously physical ramifications except speech loss; cognition slow and deliberate, but otherwise, "normal". He is very unhappy and increasingly depressed, i.e., his dining partner is 103 years old. He can not leave his room to go anyway without being escorted

Response: No. POA should not be confused with Guardianship/Conservatorship. POA means that the person with the POA, the Attorney-in-fact can act on behalf of the Principal. This does not mean that the Principal cannot act on his own behalf. If the Principal can communicate his wishes, his wishes must override the wife's POA because the Court has not declared him incompetent yet there is no Guardianship/Conservatorship in place. So, he can still speak for himself. Granting someone a POA, does not mean that you have lost your rights to act on your own behalf.

Best wishes,