Legal Question in Elder Law in Kentucky

one willing the other isn't
I've encouraged my aging parents to appoint a power of attorney for finances. My mother is willing to do so. My father isn't. He is in the moderate stages of Alzheimer's. What should i do? Is her willingness to appoint a POA enough or do they both have to appoint one? They have joint accounts that say or _. I'm not sure what to do. Any advice on what is required in KY would be greatly appreciated.

Asked on 4/26/05, 11:51 am

Martin Kasdan, Jr. Martin Z. Kasdan, Jr., Attorney at Law

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Re: one willing the other isn't

Given that your father is in the moderate stages

of Alzheimer's, it would be questionable as to

the degree to which he could understand the

meaning of the POA. This could lead to

issues of his capacity to sign such a document.

You would probably be safer going through a

guardianship proceeding. Your local

county attorney should assist you in this process.

Best wishes and good luck.

Answered on 4/26/05, 1:10 pm

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