Legal Question in Wills and Trusts in Michigan
General or Durable Power of attorney ?
My wife has alzheimers so I need a power of attorney to handle all of her affairs. Which document do I use ? I dont understand the difference
2 Answers from Attorneys
Re: General or Durable Power of attorney ?
I suppose if it was a lucid day where she actually did know what she was doing, a power of attorney might be valid. I might want to document that with a short note from her physician. You would want to have the doctor check her mental state right before she signs and document that. It would be way cheaper than going to court for a guadianship.
You need a lawyer. This response is for general information purposes only and does not create an attorney-client relationship.
Re: General or Durable Power of attorney ?
You cannot use a power of attorney because your wife would have to sign it. You state she has Alzheimer's, so she obviously does not have the capacity to sign because she would not know or understand what she is signing. You will need to go through Probate Court and ask to be appointed conservator and/or guardian.
Good luck.