Reason he states for revoking P.O.A. is that he wants to access his money just like before, move out of assisted living and into apt. by himself. Drs. orders: not able to handle financial or legal issues and cannot drive. He's not able to administer his own medication, his reasoning and judgement are off. The atty who sent me the ltr has a copy of the drs. statment re: financial, legal issues. Husband stated he wants to appoint a guardian (not me) through the courts to make decisions for him if he is unable to make them for himself. He told atty. that as P.O.A. I have transferred all joint property to my name...not true!!! I took funds out of joint account since he was withdrawing money, making no record of it, etc. from joint account. I did this on the advice of the officers in the bank, since he was calling them multiple times, almost daily and they said that had to stop.That is the only transfer I have made. All this is because he insists he's going to buy another car, drive the car (insurance co. took his name off policy since he had so many accidents in a short period of time), get a dog and move to an apartment on his own. He initially entered AL because I was strongly advised to not take him home, was told by multiple reliable sources that it would not work, it would destroy both of us. How can this happen? I've worked so hard in the past few months to get everything under control!!! Please help.
If your husband gets a guardian, the guardian has a legal responsibility to act in your husband's best interest. Considering that your husband has impaired judgement, what he thinks he wants is not necessarily in his best interest. I wonder if his lawyer has explained this to him?
I suggest you get your own lawyer, and have an answer sent back stating these things.
If he somehow actually gets a guardian, then divorce might be the best course of action. You have tired and tried and tried to uphold your marriage vows and take care of him in spite of himself. If you no longer have authority to look after his best interests, you need to be free of the situation.
I am so sorry that you are facing this extremely frustating and insane situation.
Doctors have said that he is not able to handle financial or legal issues and cannot drive. He's not able to administer his own medication, his reasoning and judgement are off. Would his doctor declare that he is incompetent? I think that must be done by a court, but if his doctor is not willing to state that, it may be hard to get the official judgement.
I know that at one time you were thinking about divorce (I don't know how seriously). Is this the time to throw in the towel and walk away? I know you really wanted to do what was best for him, and to continue to be his wife, but, wow, this is a difficult situation.
Do let us know us know what your attorney advises.
And ... take all of the money out of accounts he has access to! You can divide it up later, if that becomes appropriate, but you sure don't want his poor judgment to get in there and withdraw everything!