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He can not remember his grandchildren's names and where they live, as well as our son's name at times. I thought you got a POA when your spouse was unable to care for himself. I am devastated and don't know what to do???? Help

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And, oh yes, thank you all for your input
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He pretty much understands what we are doing but can not verbalize things so it appears he does not understand. He can not use a yes/no response and that is the problem.
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I am told by the Financial Planner who is a Notary, that we can not enter into a trust, however, he would feel comfortable with a Power of Attorney. That is such a relief I can't tell you. We have an appointment next week but I will not stop worrying until we actually get it into our hands. He still has to know what we are doing. We will see what happens. I have been a mess over this.
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I agree with Jeanne. See an elder law attorney. I certainly won't hurt and since you are his wife, an attorney will most likely work with you. Let us know what you find out.
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How do you know it is too late? Have you seen an attorney who specializes in Elder Law?

The critical thing is can your husband understand the concept of naming someone to act on his behalf? I don't think it matters if he can name his grandchildren.

My husband's LBD symptoms were extreme from the beginning. (He probably also had an inflammation in the brain.) I explained to the lawyer that he was often paranoid but that he had periods of being lucid and reasonable. She said she would visit him multiple times if necessary to see if he would cooperate. Fortunately the first time she came to our house he was in a reasonable period, could demonstrate that he understood the basic POA concept, and was glad to name me to that role.

Can your husband understand the POA concept? Is he OK with you acting for him? (Or is he paranoid?) Have you seen an Elder Law attorney?
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This is unfortunate. The POA has to be signed when someone is still of sound mind. As a spouse you still have the right to use money and properties jointly held, but you would be unable to access things that are in his name alone. Also, you may not be able to sell things that you own jointly.

There are legal ways around this if you need to access his things. The first thing that comes to mind is applying for guardianship. This can be costly and take some time, but may be your best option.

Sorry that you are in this position. I have a feeling that many people end up with this type of problem because it is so easy to put things off. And sometimes the care receiver refuses to sign the needed forms. I hope you can work through it quickly. That you are the spouse will help very much.
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