How can I get my husband with Alzheimers to sign a durable power of attorney? He is not signing it.?
Answers:
I recommend you ask an attorney that question.
People here will not have the legal expertise but some will act like they do.
Maybe he's not so far gone as you think.
You cannot force him to sign it.
You need to find out why he doesn't want to sign it. I assume that he is not in a stage where he loses control of his memory yet. If he is, then he can't sign it anyway.
You may need to simply go to court and win Power of Attorney.
Keep in mind that, as next of kin, you will likely be the one to make decisions if he doesn't have a POA signed. If you don't want to be the one to do this, try to work on his sympathies.
You may also want to contact your local Alzheimers Support Group or Area Agency on Aging to see if they can find some assistance for you.
I agree about the attorney ...maybe the disease has progressed to far for him to understand
If he has Alzheimers and does not know what he is signing, he should not sign a power of attorney. In this instance, it is necessary to petition the Court to have him adjudicated an "incapacitated person." The Court will appoint a guardian for him.
Even if he signs the Power of Attorney, it will not be valid. It could, and would be, contested because he is not able to legally consent to given someone POA because of the disease. The Court would find that he was not able to knowingly give consent when he signed the POA.
To get the power to take care of your husband's business, legal, and medical needs, you need to go to Court and request to be made his guardian.
Good luck, and make sure you take care of yourself. My uncle had alzheimer's disease, and it can be very trying on the caregivers. Look into respite care occasionally so that you can take care of yourself.
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