Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I am married and my husband is in a Nursing Facility. His…

Customer Question
I am married and...

I am married and my husband is in a Nursing Facility. His son has Healthcare Power of Attorney. I am wanting to move and break lease and they say I can not because my husband needs to sign.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Kentucky.

Lawyer's Assistant: What steps have you taken so far?

I have done everything possible. I feel all of my rights as a citizen of the US, retired military and Retired Federal Employee has been violated. They put in the facility from hospital w/o my knowledge and I have not seen him in 12 days. My husband has a 9th grade edu and has never written a check or used a debit card. I am afraid they are going to try and take money out of my account I want a poa in order break lease and get him off my checking account

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

Can I just obtain a POA for the items I need to take care of I am not divorcing him. I will leave him alone after this

Submitted: 25 days ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 7 minutes by:
3/26/2018
Lawyer: Ely, Counselor at Law replied 25 days ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,491
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

I am sorry to hear about this situation. Please tell me:

1) Does your husband currently have mental capacity? Meaning, is he awake and aware?

2) Does his son have only a MEDICAL power of attorney, or, a FULL power of attorney?

Ask Your Own Legal Question
Customer reply replied 25 days ago
Medical power of attorney. I do not know what his mental capacity is. The facility said he would talk to me at his convenience This is not his verbiage. He has a 9th grade education. Has never wrote a check or used a debit card. He can not balance a checking account. He only has Social Security Monthly. I work and have SSI, Military and Civil Service. I am afraid his family is going to try and put it to me. I have not seen him since March 12
Lawyer: Ely, Counselor at Law replied 25 days ago

Well let me try again - is he conscious and his usual self?

Ask Your Own Legal Question
Customer reply replied 25 days ago
No he is not he acts like he is mad at the world. He talked all of the time before the stroke. I think he is very depressed. What do I have to do in order to see him. We have been together 10 years and married 5. I just want to take care of the things that involve me and let me move on.
Customer reply replied 25 days ago
I am relocating 40 miles closer to my job. I have driven 80 miles round trip everyday for over 4 years. I am tired.
Lawyer: Ely, Counselor at Law replied 25 days ago

No... you are not understanding what I am asking. HAS HIS MENTAL CAPACITY SUFFERED SINCE THE STROKE? As in, he no longer has mental capacity to make decisions?

Ask Your Own Legal Question
Customer reply replied 25 days ago
Honestly his mental capacity has suffered. I think he is with sometimes and others not. He is very depressed at the moment
Customer reply replied 25 days ago
His son and grand daughter has interfered with out marriage since this happened. They have spoke with him without me and they have influenced him greatly
Lawyer: Ely, Counselor at Law replied 25 days ago

Thank you.

Okay - my answer is a series of "if, then" replies.

IF THE POWER OF ATTORNEY is a non-durable power of attorney, then it arguably is void if his mental capacity is below the line of understanding what is happening.

IF THE POWER OF ATTORNEY is a durable power of attorney, then the power of attorney still controls.

IN EITHER CASE, you have the option of filing for GUARDIANSHIP with the Court, asking the Judge to override the power of attorney and make YOU the decision-maker for him if the Judge agrees that this is in his best interest. This involves going to COURT. See HERE.

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

Ask Your Own Legal Question
Customer reply replied 25 days ago
I just want to be able to relocate and take him off my checking account. This is the only things I want. There is too much drama in this family and I do not want them to think they are going to take over. I am consider is next of kin because he is married to me. He son lives in N.C. and his grand daughter her however she is leaving for Japan for 10 days. This means he has no one to check on him. I live here and he is my husband this is riciculious
Lawyer: Ely, Counselor at Law replied 25 days ago

Okay. So you want to sever ties with him? Divorce? Or not divorce, but protect yourself from legal liability for his costs?

Ask Your Own Legal Question
Customer reply replied 25 days ago
Also his son removed him from our home on Feb 22 2018 and did not contact me four days I was beside my self.. Then he called and told me not to hang up and I so no because I was going to tell him what I thought of Him. Hour later my husband called and said for me to come and get him because he wanted to come home. I told him you got your self down there so your son can bring you back. He brought him back on Tuesday and dumped his clothes in the house and left. He is not interested in his welfare. No divorce but I want to protect my self from legal liability.
Lawyer: Ely, Counselor at Law replied 25 days ago

Currently in KY, a wife is not liable for her husband's medical debts. This may or may not change soon, but this is the doctrine in force now. You have the ability to remove him from the account if the bank allows it and not be liable for his medical costs. At least right now.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Ask Your Own Legal Question
Customer reply replied 25 days ago
I give you five at the moment. I really do not care at the moment. I just want the opportunity to see my husband.
Lawyer: Ely, Counselor at Law replied 25 days ago

Then my answer goes back to the original:

IF THE POWER OF ATTORNEY is a non-durable power of attorney, then it arguably is void if his mental capacity is below the line of understanding what is happening. The POA is void.

IF THE POWER OF ATTORNEY is a durable power of attorney, then the power of attorney still controls. He can stop you from visiting.

IN EITHER CASE, you have the option of filing for GUARDIANSHIP with the Court, asking the Judge to override the power of attorney and make YOU the decision-maker for him if the Judge agrees that this is in his best interest. This involves going to COURT.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Ask Your Own Legal Question
Was this answer helpful?
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,491
103,491 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely 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

103,491 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
If i am granted power of attorney over an inmate in
if i am granted power of attorney over an inmate in Washtenaw County, can community corrections etc refer me to apply for necessary documents through the freedom of information act? I thought that is a way to get public information on anyone? Power of attorney means per my documentation that I can act as if I am that person correct? I should be able to contact the necessary agencies and be given all documentation I requested right? If I can open and close bank accounts and insurance policies how can I not be given simple paperwork pertinent to the specific necessitie of my having power of attorney? Please please please advise???? … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
36,600 satisfied customers
Power of Attorney is the form on theinternet legal and okay
Power of Attorney is the form on theinternet legal and okay to use? Also my husband is in rehab, but I just found out he has a will filed? with an attorney designating all assets to his ex wife and 3 … read more
LegalGems
LegalGems
Juris Doctorate
11,586 satisfied customers
Need durable power of attorney in. Aunt and uncle in
no. aunt and uncle in assisted living facility and they want to change poa. currently have one but cannot locate this doc. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,079 satisfied customers
My grandpa just passed and my aunt was power of attorney and
Hi my grandpa just passed and my aunt was power of attorney and since he passed they say she has no power anymore and needs to get into bank account how do we go about this? … read more
Thelawman2
Thelawman2
Doctoral Degree
1,351 satisfied customers
When you have power of attorney for a family member who has
when you have power of attorney for a family member who has demetia and … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Regarding a financial power of attorney. The last clause
regarding a financial power of attorney. The last clause Termination, the last sentence reads, this powered attorney shall terminate upon actual knowledge or receipt of written notice thereof by the a… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,156 satisfied customers
Does a power of attorney docu, W im in florida but this will
w im in florida but this will pertain to my sister living in wisconsin … read more
Ray
Ray
Lawyer
Doctoral Degree
32,073 satisfied customers
POWER-OF-ATTORNEY DOCUMENTATION QUESTION: The President of a
POWER-OF-ATTORNEY DOCUMENTATION QUESTION: The President of a condominium home owner's association (HOA) has requested a physical copy of a home owner's ("Owner's) power-of-attorney (POA) documentation… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
481 satisfied customers
Revoking a Power of Attorney. Nevada. None. Is the advice
How do my husband and I revoke a power of Attorney for our son… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,079 satisfied customers
Abusing power of attorney for personal gain. my brother
abusing power of attorney for personal gain. my brother stole about $100,000 dollars from lincoln finatial and what he told the lincoln financial rep who told him when he asked what my brother was goi… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,079 satisfied customers
If a parent gives a child a durable power of attorney, does
If a parent gives a child a durable power of attorney, does that replace the need to make a will or living will?The goal is to allow an easy transfer of property after death.… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,079 satisfied customers
Tina, is it possible to acquire Power of Attorney over some
Tina , is it possible to acquire Power of Attorney over some that has been diagnose with severe Dementia? … read more
Andrew
Andrew
Attorney
Juris Doctorate
299 satisfied customers
My question is, How land is a power of attorney appliable.
Good Morning, my question is, How land is a power of attorney appliable. My wife and I several years ago established ourselves as joint power of attorney's and now I find my self having to make legal … read more
Damien Bosco
Damien Bosco
4,144 satisfied customers
I have a durable power of Attorney. The sentence reads; To
I have a durable power of Attorney. The sentence reads; To cooperate with the principal's agent for health care decisions should the principal appoint such an agent , in making the decisions in accord… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,079 satisfied customers
In NJ looking for Concurrent Power of Attorney forms. Only
in NJ looking for Concurrent Power of Attorney forms. Only seem to be able to find generic 1 agent forms. Thank you. … read more
Ray
Ray
Lawyer
Doctoral Degree
32,073 satisfied customers
Can a sibling with power of attorney prevent other sibling
Can a sibling with power of attorney prevent other sibling from obtaining medical updates from hospital … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
36,600 satisfied customers
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 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/Landlord/Realtor
Doctoral Degree
36,600 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