Follow
Share

I did not know my wife was suffering from Alzheimer's until it was too late to get POA. Recently, I tried to refinance my home because I need help taking care of her, however, we cannot go to closing because she cannot sign. My finances cannot survive a long legal battle trying to get three of her relatives to sign papers to give me POA because they will think I am trying to get something they are entitled to. Is there nothing I can do to be in control of my own financial situation because I wasn't sure what the problem was?

This question has been closed for answers. Ask a New Question.
Find Care & Housing
I don't understand why the relatives need to be involved in this unless they're proxies under an existing POA or DPOA or they've been appointed by a court as guardian or conservator. Could you explain this please?

Assuming that they don't hold court authority, as others wrote, execution by her of a POA is dependent on her level of cognizance.

But there are other options - you address a refinance. As FF suggests, you can refinance in your name only. Are you refinancing to get a lower interest rate? If not, what's the reason for this and is it absolutely necessary? Or are you getting a HELOC to fund her care?

I think you might want to take a step back, think through the whole issue of why you need a POA. I.e., are your assets jointly held? Or are there assets in her name only? Why do you specifically need proxy authority?
Helpful Answer (0)
Report

Duplicate question from same original poster, with answers, one from attorney.

https://www.agingcare.com/questions/never-got-power-of-attorney-before-incapacitated-215348.htm
Helpful Answer (1)
Report

retiredpa, when it comes to refinancing, it is like getting a new loan. If your wife isn't employed then the mortgage company wouldn't even consider her part of the loan. You could get a loan under your name only, it doesn't change how the Deed is written.

My boss's wife worked for two years at the family company after she was diagnosed with Alzheimer's. She decided to retire on her own as doing the accounting was becoming a challenge for her... but she continued to understand legal documents for several more years after that.

Therefore, maybe you can still get a Power of Attorney for your wife, and have her pick a secondary person just in case something should happen to you. The secondary person can be anybody, a CPA for the financials. Now for medical POA, usually it would be a relative who is secondary, or a very close friend.

Hopefully your Wills are current, or under a Trust. Living Wills are good to have.
Helpful Answer (1)
Report

Has your wife been declared legally incompetent? Then what Jeanne wrote is right. If she understands the document, she can still grant POA to you. If she is not competent to do that, then you can petition the probate court for guardianship. The problem is that this costs a good bit of money. If there are people protesting the guardianship, it will cost even more.

I hope that your wife is still deemed competent to sign a POA form naming you. It would be so much easier.
Helpful Answer (1)
Report

See an attorney familiar with elder law who can help you. Her relatives cannot give you POA. POA is not a transferrable document. BUT if these people who have POA are not seeing to her needs, they should be removed, by a judge.
Helpful Answer (1)
Report

Being diagnosed with ALZ does not disqualify one from granting POA. Can your wife understand the concept of allowing you to handle all financial and legal affairs for her. That is really all the is required.
Helpful Answer (2)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter