What to do if my wife has dementia and I need to get her power of attorney?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if my wife has dementia and I need to get her power of attorney?

Is it expensive to have this done and what do I have to do to get it?. It has come up because of the health care provider that I have to make.

Asked on November 1, 2013 under Estate Planning, North Carolina

Answers:

Nathan Wagner / Law Office of Nathan Wagner

Answered 10 years ago | Contributor

You may not be able to get a power of attorney from her. To give a power of attorney, a person has to have enough mental capacity to understand the consequences of the power of attorney. Your wife may or may not be able to do that. Unfortunately, no one can do this step for her. 

You may have to petition a court to become her conservator. This is more expensive, but it may be your only option. It would give you the authority to make healthcare and financial decisions for her. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption