Legal Question in Elder Law in Alabama

Re: Handling affairs of Alzheimer's patient

Spouses have more latitude than anyone else when it comes to handling the affairs of the other spouse. Still, a good Durable Power of Attorney would protect them both. If he is still able to execute the DPOA, by all means get it done quickly. If not, perhaps a conservatorship is in order through the Probate Court.

Good luck.

Re: Handling affairs of Alzheimer's patient

A lot depends on how lucid the husband currently is. If he still has testamentary capacity and can understand what he's doing, he can execute a Durable Power of Attorney naming your mother-in-law as his Agent. This will allow her to sign for him and make decisions for him. If he is currently under a physician's care, your mother-in-law may want to get a letter from the physician stating what mental state her husband is currently in and whether the physician feels he has capacity to execute a power of attorney.

If the husband is able to execute a Durable Power of Attorney, make sure it covers the ability to handle any and all benefits he may be receiving, such as retirement, Social Security and Medicaid. Also, make sure it contains a provision giving your mother-in-law the right to review his medical records, discuss his care with his physicians and handle any and all medical treatment decisions.

If the husband does not have the mental capacity to understand what he's doing and execute a Durable Power of Attorney, your mother-in-law may want to consider filing with the Probate Court to be named his Guardian and Conservator. This will also allow her to handle his business and make his decisions.

A local attorney who handles elder law could help you with either of these solutions and advise you further on which way you need to go.