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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: 7 months ago.Category: Legal
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Answered in 3 minutes by:
12/27/2017
Lawyer: Barrister, Attorney replied 7 months ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 43,101
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

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Customer reply replied 7 months ago
I need a POA over my husband who has dementia. How do I obtain this ?
Customer reply replied 7 months ago
I nned it asap since I can t act in his behalf without it.
Lawyer: Barrister, Attorney replied 7 months 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

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Customer reply replied 7 months 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 7 months ago

Were you able to see my answer above?

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Lawyer: Barrister, Attorney replied 7 months ago

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

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