What to do if my wife has dementia and I need to get her power of attorney?

UPDATED: Nov 1, 2013

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What to do if my wife has dementia and I need to get her power of attorney?

Is it expensive to have this done and what do I have to do to get it?. It has come up because of the health care provider that I have to make.

Asked on November 1, 2013 under Estate Planning, North Carolina


Nathan Wagner / Law Office of Nathan Wagner

Answered 9 years ago | Contributor

You may not be able to get a power of attorney from her. To give a power of attorney, a person has to have enough mental capacity to understand the consequences of the power of attorney. Your wife may or may not be able to do that. Unfortunately, no one can do this step for her. 

You may have to petition a court to become her conservator. This is more expensive, but it may be your only option. It would give you the authority to make healthcare and financial decisions for her. 

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