Giving Power Of Attorney To Husband
Q: I need some advice, My Mom who has alzheimers at 67 yrs of age. lives with her husband in ohio. I live in arizona, and I was asked to give him "Power of attorney" Reason being, he said that he needed it to provide care for her. even being her husband for many years, he would need this power of attorney to provide a way to care for her. my question is, should I sign over this power of attorney to him? what can I do, what should I do in this matter? can signing over power of attorney lock me and my sister out of our mothers care and control of her estate?
A: -I am not an attorney, but that reasoning appears synthetic to me. Whatever he wants to do can be approved by you and a fax can be sent to the health care professional or faciltiy without you giving up any rights. -It depends upon the legal rights you have and exactly what the POA reads. These are documents which often specify exactly what the person holding the POA can do. Are you her conservator? If you were to sign an open, comprehensive POA, it may allow him to alter your mom's estate in a way to remove you from benefiting from your mom's estate. By all means if you feel even slightly uncomfortable. Keep in mind that the lawyer will probably do his best to scare you by listing what all the possible adverse outcomes can be, but that is his job.
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