If someone is in the nursing home and unable to speak or sign can his wife get power of attorney? She\'s 92 years old and is trying to get a loan modifaction on their home which is in both their names.
Asked on 7/30/09, 8:57 pm
2 Answers from Attorneys
Glen Ashman
Ashman Law Office also dba Glen Ashman Attorney
To give a power of attorney one must have the mental capacity to give it. That is why people need to draw these when they are young and healthy. She might be able to seek guardianship which is a far more expensive process and takes time, and with that she cannot do a loan modification without court permission.
Answered on 8/04/09, 10:17 pm
Charles W. Field
Charles W. Field, Attorney at Law
If the person can clearly express a desire to execute a power of attorney, someboy else can help him sign. Consult with a local attorney.
Answered on 8/05/09, 10:21 am
