Chevy Chase, MD asked in Uncategorized for Maryland

Q: What do I have to do to get power of attorney for my husband who was diagnosed with dementia last year

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1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Rockville, MD
  • Licensed in Maryland

A: If he’s mentally competent, and that can be a day to day thing with dementia, any lawyer can draft the POAs you need. There are two: a durable general financial power, and a healthcare power for medical decisions. Make sure you have ones compliant with current law and statutes, or you will find they may not be honored. He also needs a Will is he doesn’t have one. If he is not mentally competent to understand what he is signing, then he cannot do any of those things, and your only option is to petition for guardianship. That is a court proceeding requiring two physician certificates of mental incompetence based on personal examination, one of which must be performed within a specific number of days prior to filing the petition. You will need a lawyer to do that properly, and of course that is a more expensive situation than drafting two POAs. Consult a lawyer soon.

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