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Can husband sign for wife with dementia in MA?

Submitted by Timothy on Wed, 04/13/2011 - 08:14
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My wife and I have several accounts and some of them are in both our names and and one is in her name. She has dementia now and is unable to sign banking documents or checks to pay for things she used to pay for out of that account with just her name on it. Some of these bills are large and important, like or mortgage, and I need to use that account. Or at least I will pretty soon once the other funds are used up. Can I sign for her under the laws in Massachusetts or do I need to get a power of attorney?

‹ Liability of Conservator under MA law I own a property with my husand and my parents, all are listed on the mortgage and deed. ›

Power of attorney

Submitted by The Editor on Wed, 04/13/2011 - 13:26.

Sorry about your wife's condition, but you cannot sign for her.  If your wife still has periods of lucidity, when she is able to understand the nature of the document you are asking her to sign, then you need to have her execute a durable power of attorney.  If that is not possible, then you may need to start proceedings to have yourself appointed has her guardian and/or conservator.

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