Posted by brengreen/ca on 10/1/08 11:08pm
Msg #266065

Question about spouse that is not competent

The husband was is in a motorcycle accident and has swelling on the brain
he is recovering but is not fully competent
I know the wife can not have him sign a power of attorney
is there anything she can do to allow her to make descisions on his behalf

Reply by Marian_in_CA on 10/2/08 3:05am
Msg #266068

She'd probably need to petition the court to

be appointed his conservator if he's not capable and they haven't previously arranged for this kind of thing. The issue with becoming a conservator,though, means that the spouse (or whoever the court appoints) would have to answer to the court on decisions. It also means keeping things completely separate, and with a husband/wife situation that can be more difficult. Getting a conservatorship can be expensive and lengthy.

This is why my husband and I have already arranged POAs for each other in the event something happens.

Reply by Marian_in_CA on 10/2/08 3:13am
Msg #266069

Let me add to that, though....

In community property states, a spouse can often manage things without a conservatorship or POA, but they usually still need to go to probate court and get a judge's approval for big things like property sales and such. At least, in California you do. I believe it is called a 3103 petition -- but don't quote me on that.

Any decent elderlaw attorney will be able to tell you how to proceed. They deal with these situations all the time.


*This comes from my years working in the eldercare field. I've seen just about everything when it comes to conservatorships and the like.

Reply by Marian_in_CA on 10/2/08 3:14am
Msg #266070

3101.. not 3103. n/m

Reply by Ernest__CT on 10/2/08 2:38pm
Msg #266117

Probate Court is a good answer, but ...

... don't let it become _your_ problem! You are the Notary and, unless you are also an attorney authorized to practice law in the state in which the husband and wide reside, as much as you'd like to help don't be guilty of Unauthorized Practice of Law (UPL).

Reply by MW/VA on 10/2/08 6:23pm
Msg #266169

Re: Probate Court is a good answer, but ...

I had the same thoughts. Always tell them you can't give legal advice & suggest they contact an attorney.