Legal Question in Wills and Trusts in Tennessee
Power of Attorney
My husband has durable power of attorney for his father, who is incapacitated at this time. My husban'ds own health is now failing and he wants to know if he can name me as his father's co-power of attorney to insure that his father is taken care of should something happen to him. Can we do this since his father is incapable of speaking for himself?
1 Answer from Attorneys
Re: Power of Attorney
NO, you cannot do it that way because he lacks the requisite capacity to execute agreements like Powers of attorney. Instead, you must file a Petition with the Chancery Court in the County he lives in asking the Court to appoint a Conservator for him. This is because he lacks the capacity to execute documents and to make important decisions for himself. Conservatorships can be expensive procedings but unfortunately you do not have a choice. In the future, always put a "successor agent" in the event the "primary agent" such as your husband is no longer able to act.
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