Question:
I have a client who wants to sell her home. Her husband has a recent Alzheimer’s diagnosis. His new doctor won’t write a letter for the lawyer to give her a POA. We aren’t sure what to do. What are our next steps.
Answer:
Alzheimer’s disease is a deterioration of the intellectual capacity of the brain. It often takes, a year or two, to progress to the point where the ability to make a Will or execute a Power of Attorney is impaired to the point where it will not be enforceable. Over the introductory time period, there are many different, occasional, lucid intervals where the signing of the documents is quite possible. The individual needs to know: 1) who they are, 2) who their family is, and 3) what assets they have.
Arrangements should be made with a lawyer to meet with the individual on short notice, to take instructions and execute the appropriate documents. It may not be the prefect, best and most complicated Will and POA, but it should work, be understandable and be in the best interests of the client.
Brian Madigan LL.B., Broker