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My life has been turned upside down and I want to move out of state to be with a family member who can help me get through what is happening in my life. My husband no longer lives with me and is currently legally incapacitated. His name is on both car titles and the house, along with mine. I understand I have to get his Power of Attorney to legally sign for him so I can sell the cars and the house. Is this correct? I need to find an attorney to help me legally but I don't know what "specialty" to hire, ie a Real Estate attorney, an "elder" attorney (we are both 55+), a financial attorney? I want to just leave the house and contents behind and let a Realtor or Property Manager deal with selling it and the contents. Is this a good idea or should the attorney I ultimately decide to use take care of these sales? I am emotionally off balance right now and know not to make any major decisions while in this state of mind, but I need to get the ball rolling because everything legal takes time. I have no family here to help me. Any advice from those in the know is greatly appreciated.
Start with a "family law" attorney.
None of your issues are especially complicated or unusual nor should this be especially expensive...
but EVERY state will do things a bit differently. The lawyer should know what is needed.
An estate attorney or real estate attorney can help with this and yes you need an attorney. Because he is legally incapacitated (and not deceased) you will have extra paperwork for the power of attorney.
THIS IS NOT LEGAL ADVICE. It is advice to seek the counsel of an attorney and it provides information which is available on the net.
You may need to go to court - to be able to sign for your husband depending on his "legal incapacity". I suggest a lawyer who specializes in Elder Law. If you contact your local bar association - (County/City/State) Bar Association Lawyer Referral - explain the situation, they will find you an attorney who specializes in that general area, and you can have a reduced fee initial consultation.
If you have had reciprocal wills drawn up, it's possible you have Durable POAs or Springing POAs to cover just this situation. A Durable POA is a document granting financial authority to another person which is NOT dismissed by incapacitation or disability. A Springing POA is one which "springs" into being upon the incapacitation or disability. If you have neither, you may need to petition a court to appoint you as Guardian. You state that your husband is "legally incapacitated" which indicates there is court involvement already ("legally").
Here is some info from the Alzheimer's Association: Get legal advice and services from an attorney. If the person with dementia is older, consider meeting with an attorney who specializes in elder law. Elder law focuses on guardianship, disability planning and other legal issues that typically affect older adults. Alzheimer's Association - Legal Issues
[CENTER]If you need an attorney, please call the Lawyer Referral hotline at 210.227.1853.[/CENTER]
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