ADDITIONAL INFORMATION:
My wife all of a sudden has gone from a slight Dementia problem to a major Dementia problem. This may have happened due to a fall that she recently took that caused her to have a concussion. I may have to put her into a Dementia care facility that will have a monthly fee to do so. What would I have to do to gain a Power of attorney over the checking account and the stock portfolio account that are in her name only? Thank you for any help with this situation.
ANSWER BY MARGARET CROSS-BELIVEAU:
So, sorry to hear about your situation. In the absence of a Durable Power of Attorney, you will need to have her declared incompetent and file for a conservatorship/guardianship. In some states the guardianship process covers both health care decisions and financial decisions. In Massachusetts, they are not both automatically granted. If she did not have a health care proxy, you will need to file for both positions. The conservatorship covers financial matters and the guardianship over medical.
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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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