Q: Can I legally get power of attorney over my mother, even though she is still married?
My mother has dementia, and she just married the wrong person. This man has decided to give up, moved me in with them to take care of her, told me he's not spending any more money and that I need to get a power of attorney over her.
One would think that would be his responsibility. Am I even able to do this? There are other issues as well, mainly that he's not keeping up with her health care at this point. I need to find a way to legally make him fulfill his responsibilities oh, because he refuses to divorce, without rendering myself homeless again. They already rendered me homeless once. And I'm literally the only person who can take care of my mother at this point in time. He wants me crawling through her bank accounts and personal files. I don't feel I have the legal right to do so. Please advise.
A:
A principal must have the capacity to contract to give a power to an attorney-in-fact. That generally requires understand the nature and consequences of the legal act. If a principal lacks capacity or is incompetent, the proper arrangement is to have a guardian or conservator appointed for the principal. A guardian ad litem will be appointed to represent the incapacitated or incompetent person in the legal proceeding seeking to appoint a guardian or conservator. A conservator is appointed to manage the finances of a person who is incapable of doing so; a guardian is appointed to make legal decisions in all areas of the ward's life.
Anyone interested in the appointment of a guardian or conservator should consult with an experienced Virginia elder law lawyer.
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