Father in-law has just been deemed in competent by the veterans hospital but has no power of attorney over his asset. His wife was able to give power of attorney on his medical aspect but it was stated that she is unable to give power of attorney over his bank accounts and other assets since her name is not on the paper work.So my question is how would we be able to obtain control over these assets or obtain power of attorney if he is deemed incompetent by the hospital.
ANSWER BY MARGARET CROSS-BELIVEAU:
A power of attorney can only be executed by a person who is competent, otherwise you will need to petition the court to establish a guardianship. A guardianship proceeding take a long time to work through. Your father-in-law will have to be served paperwork and given a chance to object before the court will issue its order.
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Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.
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The family law attorneys at the Beliveau Law Group provide legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.