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Your husband has to sign legal papers to make you his power of attorney. Its standard paperwork that spells out your legal rights on his behalf.
To get more information, talk with an elder law attorney or contact your local Area on Aging, to see if they any information that might help. you can find your AoA in the phone book, or by searching online for Area Agency on Aging, along with your city and state.
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....also, there are websites where you can get all your state's forms. I really liked: Legacy Writers. They have up-to-date forms and they give you instructions on how to file for your state. (some things need to be notarized and/or witnessed) I also like that they keep your forms on file so you can download them again.
I would also recommend making several copies of both the financial and medical POAs and have them notarized. Each medical facility or primary doc may ask for an "official" copy.
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thats the problem, he cant write to sign any papers
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I had the same problem with my husband. He can't speak or sign papers anymore. He still understands what is going on, so I downloaded the papers online from the website (I'm in Ontario, your area may differ) and had 2 independent witnesses as he made his best effort (an tiny illegible scribble). So long as he was the one who made the mark, and it was witnessed, it was considered legal. I was then able to do our taxes and sign his cheques as power of attorney. Our Dr. told me that if a patient is unable to make a mark or does not understand what they are 'signing', that he fills out a form to declare them incompetent. My understanding is that if the Dr. declares the person incompetent, then you can be designated as power of attorney. I don't know alot about it, but you may need legal advice as well. Good luck. Hopefully you've already been able to solve your situation.
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live in Atlanta ga . father is unable to write very well because of stroke . have went to a attorney and did a power attorney with he hand writting being scribble will this work for me.. need to no ASAP
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Laws vary from state to state. This is a huge matter. I would get concrete legal advice from an attorney in your state.
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I have a 28 year old girl who is like a daughter to me she put me and her brother as health proxy for hospital. he is next of kin and I am her emergency contact who also take care of her things including paperwork. I know her for 18yrs now she consider me as a mother. she was in a coma recently coming out but can not speak or write. How can a power of attorney get done if she is unable too.
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darkangel, it depends on the type of coma your friend was in and if there was any type of brain damage or memory damage. If she can communicate with shaking her head yes or no to various questions to see how her memory is, then contact an Attorney and ask him/her how to proceed with getting a Power of Attorney. Hope your friend totally recovers soon.
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