Legal Question in Elder Law in Rhode Island

Re: Power of Attorney

Since your husband has been diagnosed with dementia, he may not possess the legal capacity to sign a power of attorney. Therefore, you should get a doctor's opinion on whether or not he could understand what a power of attorney is and whether he would want you to handle his affairs.

If the doctor indicates that he does NOT have the capacity, you could apply for a guardianship with the probate court in your city or town. If the court finds (based ona physician's opinion and the recommendation of a third party - called a guardian ad litem - ) that he is incapable of managing his affairs, they will grant you a guardianship over him, which is tantamount to a power of attorney -- however, you will have to make regular reports to the court about your activities on his behalf.

I hope this information is helpful. Please feel free to contact me if I can be of further assistance.