Power of Attorney
Do I need a power of attorney for my husband’s affairs? he has a degree od dementia. we have little or no estate, only social security checks.
Power of Attorney
Do I need a power of attorney for my husband’s affairs? he has a degree od dementia. we have little or no estate, only social security checks.
Re: Power of Attorney
Since your husband has been diagnosed with dementia, he may not possess the legal capacity to sign a power of attorney. Therefore, you should get a doctor’s opinion on whether or not he could understand what a power of attorney is and whether he would want you to handle his affairs.
If the doctor indicates that he does NOT have the capacity, you could apply for a guardianship with the probate court in your city or town. If the court finds (based ona physician’s opinion and the recommendation of a third party – called a guardian ad litem – ) that he is incapable of managing his affairs, they will grant you a guardianship over him, which is tantamount to a power of attorney — however, you will have to make regular reports to the court about your activities on his behalf.
I hope this information is helpful. Please feel free to contact me if I can be of further assistance.
Patricia Joyce
Law Office of Patricia M. Joyce
230 Chestnut Drive
East Greenwich, RI 02818-2120