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Can a husband obtain a POA over incompetent wife with dementia without using an attorney?
Absolutely not. A person must be legally competent to execute a POA. The husband must petition the court to be appointed her guardian.
Absolutely not. A person must be legally competent to execute a POA. The husband must petition the court to be appointed her guardian.
Absolutely not. A person must be legally competent to execute a POA. The husband must petition the court to be appointed her guardian.
Absolutely not. A person must be legally competent to execute a POA. The husband must petition the court to be appointed her guardian.
What else can I help you with?
Can your sister-in-law take power of attorney over your husband and he not know what she did?
Of course not! A power of attorney must be granted by the person, it cannot be taken without a court order.
Can a wife of 46 yrs get ambulance and ER reports on deceased husband without power of attorney?
A power of attorney represents a living person. After their death, the estate executor would have the right. Consult an attorney in your state.
Can a husband bug his house without his wife knowing?
He needs to check the laws in his state. He should consult with an attorney first.
Can your husband add you to his house deed without an attorney?
Deeds should always be drafted by an attorney. Errors made by non-professionals who draft legal documents can be costly to correct if they can be corrected.
Can you get married if you are deemed incompetent without the gaurdian's consent?
NOPE
What happens to credit card debt if someone gets dementia or alzheimers and does not have a guardian appointment or what happens if a guardian is appointed and will the credit card collection know?
power of attorney and executor\rixe of the estate could be the only legal 3rd party that a credit card company could speak to about this debt. Even though a person has been diagnosed with dementia or an illness such as Alzheimer's it does not invalidate the person's debts. The person with such an illness is not considered legally incompetent until a court has reviewed the evidence and pronounced the person to be incapable of managing his or her personal affairs. The short version is an incompetent person can be sued, but the suit will not be binding without there being a legally appointed guardian/conservator. The entire process is expensive and extremely complicated and it is best explained by an attorney who practices in the field. Most attorneys offer free or minimal fee consultations, referrals can be obtained from the state bar association or found on the ABA website, http://www.abanet.org
Can I sue my husband for selling my house without consent?
That depends on the state. In most places a wife has an interest in any real property the husband owns. Even if the wife's name is not on the deed. Consult an attorney in your state or jurisdiction.
When a mortgage is in husband's name only but wife and husband have joint tenancy with survivorship warranty deed in Georgia then husband dies without will does wife owe mortgage?
You haven't provided important details such as what came first- the mortgage or the survivorship deed. You should consult with an attorney to determine your obligations and options regarding the mortgage.
How do you stop the sale of dad's home didn't remember due to dementia and realtors continued to do business he doesn't want to sell this land wife who isn't on the original deed did all the signing?
This is a situation that must be handled by an attorney. If the sale documents have been signed and payment rendered, the attorney will have to file an injunction to prevent the sale from becoming final. It is difficult to determine exactly what will happen without knowing the state of residency and the way the land is titled. A calculated guess would be that the contract will be considered void if the father did not realize the consequences of what was occurring. Several issue will need to be addressed before that can be considered by the court. It is entirely possible that a judge would order a competency hearing for the father to detemine if he is indeed legally incompetent. The definition of legally incompetent is not necessarily the same as a medical diagnosis of dementia. The other issue is if the wife had the legal authority to sign for her husband, the mere fact of being married does not as is often believed, automatically confer such rights. The reason it is best not to attempt self-help in such a situation is any motion to halt the sale of the property must be done in the precise manner that is established by state law, and even a small mistake on the part of family members could result in the sale being allowed to go forward. (macky83@juno.com)
Can your Nigerian husband who lives in nigeria divorce you and you live in the US without receiving any divorce papers what so ever from his attorney or the court?
no he can not eventually he has to get the papers sooner or later.
Could I deed a property to my son without my husband's consent?
First, that depends on whether you are the sole owner. You can only transfer your own interest. If you live in a community property state you may need your husband's consent. You should consult an attorney in your area.
If you become mentally incompetent without a power of attorney how can your family get to your bank accounts to pay your bills?
They should do the following: a. Prepare/Arrange for documents from a certified medical practitioner that you have become mentally incompetent b. They should take documents that show that you are the family member of the other person who wishes to access your account. Your spouse, children, parents and siblings can try that c. Take both the above documents and visit the bank and explain the situation. In most cases, the bank will let them take the money from the account which was held by the person who is declared mentally incompetent now.
