Legal Question in Wills and Trusts in Florida

My husband has been diagnosed with the beginnings of dementia & I have power of Attorney, can I change his will & mine without him signing it?


Asked on 2/15/11, 2:32 am

1 Answer from Attorneys

Yours, yes. His, no. In fact a good POA should state that it doesn't have the power to do such things. Nor can you perform on his personal service contracts, or vote for him.

Even if he has the beginnings of dementia, it is possible, depending upon his severity, for him to modify his plan. It may be difficult, but if he has a lucid time period it is possible.

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Answered on 2/15/11, 4:49 am


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