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LenWGC Asked February 2017

My wife has dementia and I have applied for POA. Will that allow me to change her will?

pamstegma Feb 2017
Len, I am assuming you are asking for a court order to act as her POA. When you go to the hearing, you ask the Judge about changing her Will, putting her money in a separate safe account, or moving her to a facility. Everything you do will have to be reported to and approved by the court.

gladimhere Feb 2017
And if an applicAtion for guardianship all interested parties, children, would be notified and her current POA as well. Judge would need very good reason to change POA previously granted to grant guardianship to another person.

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gladimhere Feb 2017
Len, I have same questions as above. You cannot apply to be POA. Nobody can legally change her will. The legal system and beneficiaries would have recourse against you if you were to try such a thing.

How advanced is wife's dementia?

Countrymouse Feb 2017
No.

And what do you mean, you've applied for POA? You've applied to whom? Only your wife can give you POA, and if her dementia means that she is not able to understand what she is doing then she can't do that either.

If you need to manage things like money and care services for your wife, you can apply for guardianship, which is awarded by the court system with the approval of a judge. You still won't be able to change her will, though.

Guestshopadmin Feb 2017
No. Only the person can change their own will.

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