Legal Question in Family Law in Massachusetts
Power of Attorney
How do you obtain POA from spouse that is in nursing home with dementia?
Asked on 11/13/07, 4:42 pm
3 Answers from Attorneys
Re: Power of Attorney
You don't. You get a court appointment for guardianship.
Answered on 11/13/07, 4:47 pm
Re: Power of Attorney
You don't, you have to get appointed conservator and guardian for the person. To have a POA, the person must be of sound mind at the time of execution. If they have dimentia, they probably do not have sufficient faculties to sign a POA.
If you need assistance, please feel free to contact me.
Answered on 11/13/07, 4:59 pm
Mitchell Roth
MW Roth, Professional Law Corporation
Re: Power of Attorney
You don't. It's too late now. YOu have to petition the court for a conservatorship.
Answered on 11/13/07, 5:53 pm
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