QUESTION

what can i do to get power attorney

Asked on Jul 18th, 2013 on Elder Law - Maryland
More details to this question:
Am a wife who needs to get my house in order now,having bad in-laws problems, husband is in a very bad, bad way
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1 ANSWER

Estate & Trust Law Attorney serving Rockville, MD at Law Offices of Bernard M. Raiche, LLC
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I assume from your question that you would like to have your husband appoint you as his power of attorney so that you can act as his agent in regard to financial matters.  In order for your husband to appoint you as his power of attorney he must be competent to grant you that power.  In general the test is whether your husband is of sound and disposing mind, and is capable of executing a valid deed or contract.  If your husband is not of sound mind then he is not competent to execute the document giving you the authority to act as his power of attorney.  A lawyer can help you to determine whether your husband is likely to be found competent. If there is a question about your husband's competence your lawyer may help you to obtain a medical opinion about your husband's competence from your husband's treating physician. If your husband is not of sound mind so that he is unable to execute a power of attorney, there may be other legal avenues that would permit you to manage his financial matters. An attorney can advise you about other options that might be available to you. If your husband is competent to appoint you as his power of attorney you should have the power of attorney document drafted by a lawyer to make sure that it is compliant with current Maryland law.    
Answered on Jul 19th, 2013 at 3:34 PM

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