Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

My husband has dementia and I thought I had drawn up a POA…

Customer Question
My husband has dementia...

My husband has dementia and I thought I had drawn up a POA for me over him for my trust....but we only have a letter stating he has dementia from his dr. I have a lawyer who revised our trust....would he be the one to help me. I want to put the POA in my trust anyway.

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

California....san Diego....

Lawyer's Assistant: What documents or supporting evidence do you have?

One from his doctor saying he has demtntia

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so

Submitted: 1 month ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 3 minutes by:
12/27/2017
Lawyer: Barrister, Attorney replied 1 month ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 40,099
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

I am not sure I understand your question... A power of attorney just gives the holder the right to act on behalf of the grantor of that power. A POA doesn't govern a trust... the trustee is in charge of a trust..

.

So what is it that you are trying to accomplish here and I can then try to help get you there?

.

.

thanks

Barrister

Ask Your Own Legal Question
Customer reply replied 1 month ago
I need a POA over my husband who has dementia. How do I obtain this ?
Customer reply replied 1 month ago
I nned it asap since I can t act in his behalf without it.
Lawyer: Barrister, Attorney replied 1 month ago

Ok, the only way to get a POA is for the person to sign it in front of a notary granting that authority to someone else. If husband is mentally incompetent due to dementia, then he can't legally sign a POA giving you authority.. He can't legally enter into any type of contract..

.

So you are left with filing for a formal legal guardianship over him through the local probate court. You could then be appointed his legal guardian and then would have power over his care and his finances.

.

But if husband hasn't been declared medically or legally incompetent, you might still be able to get him to sign one because someone is presumed to be competent until they are declared incompetent..

.

.

thanks

Barrister

Ask Your Own Legal Question
Customer reply replied 1 month ago
I need it for financial as well as medical decisions .....also to get into his file with just his name on it. In addition, I want to put my daughter on our
banking and will need it for that in his place....
Lawyer: Barrister, Attorney replied 1 month ago

Were you able to see my answer above?

Ask Your Own Legal Question
Lawyer: Barrister, Attorney replied 1 month ago

Hello again, I just wanted to check and see if you had any additional questions?

Ask Your Own Legal Question
Was this answer helpful?
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 40,099
40,099 Satisfied Customers
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Does the state of North Carolina require a power of attorney
Does the state of North Carolina require a power of attorney be local … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have Durango power of attorney of a friend who's
I have Durango power of attorney of a friend who's incarcerated. I rented his home out and left utilities in his name. Can I legally turn power off since it's in his name and not mine. Without getting… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am wondering abut Power of Attorney, and I have a few
I am wondering abut Power of Attorney, and I have a few questions. … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,224 satisfied customers
I have a friend, She wants me to hold a power of attorney
I have a friend, She wants me to hold a power of attorney for her. She does not have a will and wants to leave some things to me and my wife when she gets to the point that she can no longer care for … read more
Bill Attorney
Bill Attorney
law
1,741 satisfied customers
I have valid power of attorney and living will in North
I have valid power of attorney and living will in North Carolina and I am wondering if they are valid in Florida since I moved here. … read more
Barrister
Barrister
Attorney
40,099 satisfied customers
I have a handwritten power of attorney document sent to me
Hi. I have a handwritten power of attorney document sent to me by a relative in jail. He wants me to sign legal documents for him. Since his document is handwritten and not drawn up by an attorney, I'… read more
Barrister
Barrister
Attorney
40,099 satisfied customers
Rockhill and my question is that i have power of attorney
hi , my name is ***** ***** and my question is that i have power of attorney for my mom. she has alzhimers and i need to have her american express statements sent to me as i need to moniter the accoun… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,294 satisfied customers
It is about powers of attorney and what happens when the
Second opinion] it is about powers of attorney and what happens when the party gave it dies … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,335 satisfied customers
It is about powers of attorney and what happens when the
Second opinion] it is about powers of attorney and what happens when the party gave it dies … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
It is about powers of attorney and what happens when the
it is about powers of attorney and what happens when the party gave it dies … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,294 satisfied customers
Would you be able to provide power of attorney documents for
Would you be able to provide power of attorney documents for my husband to have POA over his 83 year old mother? His sister is doing everything in her power to get everything she can out of her mother… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,764 satisfied customers
Durable Power of Attorney - One of the inmates at Muscogee
Durable Power of Attorney - One of the inmates at Muscogee County Prison asked me (personal friend) to represent him in all areas of his life. I wonder if I need to hire an attorney if I accept respon… read more
Barrister
Barrister
Attorney
40,099 satisfied customers
If power of attorney was given to a sibbling during a bad
if power of attorney was given to a sibbling during a bad divorce is it still standing after the divorce and person has remarried … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If a power of attorney document is filled out, signed, and
If a power of attorney document is filled out, signed, and notorized however the address for the agent is missing can it still be added … read more
Ray
Ray
Lawyer
Doctoral Degree
31,369 satisfied customers
If my father has possession of a general power of attorney
if my father has possession of a general power of attorney that I provided to him and now his wife has full power of attorney over him since he has alzhemiers/dementia. Can she use my power of attorne… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,591 satisfied customers
If someone has a power of attorney, can they use that to get
if someone has a power of attorney, can they use that to get phone records for that persons phone… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,599 satisfied customers
Does a general power of attorney cover medical decisions and
does a general power of attorney cover medical decisions and financial decisions? … read more
Bill Attorney
Bill Attorney
law
1,741 satisfied customers
If there are 3 children appointed as power of attorney.
If there are 3 children appointed as power of attorney. Should all 3 act together on decisions of what is to be done. Or is it ok for one to act alone without notifying the other ones involved? … read more
Barrister
Barrister
Attorney
40,099 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x