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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: 2 months ago.Category: Legal
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Answered in 7 minutes by:
3/26/2018
Lawyer: Ely, Counselor at Law replied 2 months ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,582
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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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?

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Customer reply replied 2 months 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 2 months ago

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

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Customer reply replied 2 months 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 2 months 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 2 months 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?

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Customer reply replied 2 months 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 2 months 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 2 months 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.

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Customer reply replied 2 months 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 2 months ago

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

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Customer reply replied 2 months 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 2 months 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!"

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Customer reply replied 2 months 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 2 months 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!"

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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).

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