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Asked 1/22/2008
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My brother in law has been diagnosed with altzheimer's, dementia and delusions. He has been admitted to a nursing home. His wife has no legal power of attorney. We are in the state of TN. What should she do? She has a bank account in Mrs.--- and the savings account is the same. Their house is in both their names, but his truck has his name only on the title. He is not mentally capable of signing his name. How should be handle this? |
Answer 1/2 - Submitted 1/22/2008
She will need to get a letter from his doc, or a copy of his medical record, something showing he is not mentally capabel, and take that to the courts asking to be giving power of attorney. She shouldn't need an attorney to do this, but may want to consult with one, or a para legal to find out how to proceed. The forms can be found by state at the following website.
http://www.uslegalforms.com/powerofattorney/?puslf =gl+power+of+attorney&gclid=CMqe2M3HipECFSF4lgodFB LtFQ
Answer 2/2 - Submitted 4/17/2008
I live in tn. and have been told that a conservatorship is really more effective than a power of attorney. this involves an evaluation by a mental health expert/psychiatrist etc. and then an attorney who must file a motion with the court for conservatorship(same thing as guardianship for a minor). a conservatorship allows complete authority over all affairs-medical, legal,financial etc.
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