Q: my wife is deep in dementia and living in a memory care facility. while she was in the hospital last july, my eldest
daughter had a durable power of attorney drawn up, nameing herself as my wife's agent. she did this without my knowledge or consent. Question: how do i or can i have this document cancalled and draw up my own?
A:
If your wife has dementia, any power of attorney she may now sign is subject to challenge because she may lack the mental capacity to understand what she is signing.
A better choice would be to apply for a guardianship of her person and estate.
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