Can I get DPOA?

[deecy]

What is the name of your state? Mississippi

My husband has Alzheimer's and is getting worse fast. We have a living trust and a heathcare POA but I don't see a DPOA in it. Can I still get one even though I don't think he understands what it is? He goes from rages to calm and being lucid to confused. He is under a doctor's care and on Alzheimer's medicine. Thankyou.

 

[seniorjudge]

Q: Can I still get one even though I don't think he understands what it is?

A: No; you will have to set up a guardianship/conservatorship. Consult a probate attorney. Your spouse is incompetent and cannot give a power of attorney.

 

[BlondiePB]

I agree with seniorjudge regarding the DPOA. Because you have a living trust established, deecy, you may not require to petition for guardianship/conservatorship over your husband's estate. You need to look at how exactly is you and your husband's estate set up now. Since you have a valid medical POA, there's no need for guardian/conservator over your husband's person.

What assests are in trust? You are a trustee, right? What assests are joint where you do not require your husband's signature? What assests are JTWROS? If your husband has separate assests not POD or TOD with you as the beneficiary and you do not require the money, there's no need put these under a guardianship or conservatorship account.