Legal Question in Wills and Trusts in Pennsylvania
power of attorney
i am writing to ask a question about my husband. back in 1999 he suffered a brain anuerysm and stroke. i have been told by his doctor that his not mentally capable of making decisions and that he is permanent disability. he receives ss and i am the payee. i need to do some refiancing on our house and he is not mentally capable of making that decision, and we never had a power of attorney. the doctor suggested that i get one. i need to know if it is okay to have one done now. he can sign his name but i want to make sure this is the way to handle this. or what else can i do i need to refiance our home to make our fiances where i can handle paying them. i hope to get some advice on this question. thank you
1 Answer from Attorneys
Re: power of attorney
If your husband is already mentally incapacitated so that he cannot make decisions about his assets, he probably lacks sufficient capacity to give a power of attorney at this time.
You should consult an experienced elder law attorney in your area, who could help evaluate your husband's capacity to give a power of attorney to you, and, if he lacks that capacity, could advise you how you could be appointed by a court to act on behalf of your husband.
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