Does Indiana have an alimony law?
Does Indiana have an alimony law?
Technically, there is no alimony in Indiana but there is “spousal maintenance”. Unlike some other states, Indiana does not recognize traditional “alimony” and the award of spousal maintenance in Indiana is limited. That article may answer some of the other questions you may have about divorce in Indiana.
Can someone with dementia sign legal documents?
Yes, a person with dementia may be able to sign legal documents. The inability to sign documents (what is usually known in the law as “incompetence” or, sometimes, “incapacity”) is a factual issue. The most highly-developed law of capacity, unsurprisingly, centers on the level of understanding required to sign a will.
What rights does a person with dementia have?
Dementia patients have the right to accept or refuse medical care so long as they demonstrate adequate mental capacity. The U.S. Constitution protects a person’s basic freedoms, including the right to privacy and protection against actions of others that may threaten bodily integrity.
When is an elderly person considered incompetent?
Generally, a person is judged to be in need of guardianship when he or she shows a lack of capacity to make responsible decisions. A person cannot be declared incompetent simply because he or she makes irresponsible or foolish decisions, but only if the person is shown to lack the capacity to make sound decisions.
How do I get power of attorney for someone with dementia?
You can get someone else to use the online service or fill in the forms for you, such as a family member, friend or solicitor. The LPA forms need to be signed by someone, apart from your chosen attorney, to state that you have the mental capacity to make an LPA. The forms also need to be witnessed.
Does power of attorney give you access to bank accounts?
A power of attorney allows an agent to access the principal’s bank accounts, either as a general power or a specific power. If the document grants an agent power over that account, they must provide a copy of the document along with appropriate identification to access the bank account.
Will a bank accept a power of attorney?
But because of the risk of abuse, many banks will scrutinize a POA carefully before allowing the agent to act on the principal’s behalf, and often a bank will refuse to honor a POA. Bank of America rebuffed a Florida agent’s request that funds be withdrawn from the principal’s account.
What is better than a power of attorney?
Because guardianship is a court proceeding, it is generally more costly than power of attorney. Expenses of guardianships and conservatorships include court filing fees and often fees for attorney representation in court.
How long is a power of attorney valid?
Springing Power of Attorney. A standard power of attorney gives the agent the authority to act on behalf of the principal in everyday legal and financial matters. The standard power of attorney expires when the principal dies, becomes incapacitated, or revokes the power of attorney in writing.
Who makes health care decisions if no power of attorney?
Generally, decisions about a person’s financial and medical management are made according to the laws of the state they live in. In the event of medical incapacitation, usually a family member will be called upon to make any important decisions in the absence of a power of attorney.
