Tuesday, September 02, 2014

Friday, May 09, 2008 Bob, Community Member, asks

Q: Can I get a Power of Attorney for my spouse who has been diagnosed as having dementia ?

Can I get a Power of Attorney for my spouse who has been diagnosed as having dementia ?

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Answers (3)
Connie Moore, Community Member
10/ 9/08 7:16am

Hi, I just went through this with my husband, being retired military we are able to go on post and use the JAG office for wills and power of attorney. That is the military lawyers and some of the toughest ones to do anything unless it is completely legal. I explained my husbands disease and told them I needed a power of attorney, I was told if he can remember his present address, name, social security number it is completely legal to obtain a power of attorney if the patient agrees. My husband did that and I now have  a full power of attorney. I was also told by the attorney at the  JAG they have dealt with this issue a lot and told me if you are going to take an alzheimers patient in to obtain any of these legal issues it is best done as early in the day as possible. Military Attorny's are by far some of the best if they won't do it no one will so since they did his I am sure a civilian attorney will do one. Call and ask be truthful and it will be legal and be sure and get it while they still are able to remember the three things I said earlier.Connie

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Sue, Community Member
5/ 9/08 4:31pm

Hi Bob - Thanks for your question.  You may want to check with one of the national organizations for more information on legal aspects of your situation.  Though it seems logical that you would get POA for your wife, the law can vary from state to state and I'm not sure of all the laws.

 

There are a few shareposts from our members regarding Power of Attorney.  You may want to review them as well.

 

Hope this helps, thanks and all the best, sue

 

 

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Beatriz Mares, Community Member
3/14/12 12:22pm

Cam I get a power of attorney for my spouse sho has been diagnosed as havingo dementia

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Carol Bradley Bursack, Health Guide
3/15/12 7:35am

You may be able to, depending on the stage of dementia. In the early stages, the person should still be able to assign POA to you. Later stages, you may have to see and attorney and the process may involve the doctor. Each state is different, so you may want to check with an estate attorney or elder law attorney to see what you can do.

Take care,

Carol

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NC, Community Member
3/15/12 11:04am

My father-in-law was able to give POA to my husband when he had early stage without diagnosis in 2004. He has severe Alzheimer's now. He was able to sign. It depends on her stage. Usually she has to sign it in front of the attorney so it is OK if the notary signs it too. Now we use POA to sign my FIL's income tax returns.

 

Once the person gets into late moderate or severe stage, it is best not to make her sign as it would be an incompetent decision even though you should be the POA. Also the laws sometimes make the spouse the next of kin and thus has the right as well - please check with an attorney in elderly matters to check out your rights.

 

Regards,

NC

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By Bob, Community Member— Last Modified: 02/17/14, First Published: 05/09/08