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He had two massive strokes. He’s paralyzed on one side and can’t speak or understand.

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Unfortunately, it is too late. I always recommend that everyone regardless of age have a DPOA on file.

You can file for guardianship, it is expensive, but in his case doable.

Hope that you have your wills in place and if wanted a DNR document.

Good Luck!
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You will need guardianship now. But as a wife, doctors usually go to you.

I just looked at my Will and there is nothing in it concerning POA. I am assigned Executor and it gives me some leeway there but thats after death.
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AlvaDeer Jan 2, 2024
Ordinarily, when you make a will or a revocable trust the attorney asks who will serve if something should happen BEFORE death. It's most often called a spring POA. A seperate document just as perhaps a living will or advance directive are done at the time of making the will. Most good attorneys suggest that, and I hope our OP has an attorney. And should read the will to see if there are other documents in the folder.
Because if they are lucky enough to have that Springing POA then there's no need to going to attorney to have guardianship or conservator ship done.
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Geaton is correct. You can't.
Do consider, if hubby in facility at this point, reaching out to the Social Workers. They will often be able to assist in getting temporary guardianship that you can more easily pursue to be permanent. In some states it is as easy as a phone call when they have the doctor's evals.
Good luck to you and I hope you will update.
As a PS, if you were both wise enough to do wills before this happened, get them out, because almost all wills have a DPOA or Spring POA document that allows one spouse POA for another after evaluation of two MDs.
Check that for certain.
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If he is incapacitated by legal definition, then he is no longer able to assign a PoA. You must now pursue guardianship through the courts.
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Consult an attorney about what you can and cannot do right now . As spouse , you likely have joint accounts and such. Did he sign a health care proxy , living will etc in the past?
you may need to rely on such existing mechanisms. But if those do not allow you to do what you need to do, you may need to get guardianship as mentioned . Need attorney help and guidance
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Then it’s too late for POA, unfortunately.
That’s something one must sign before it gets to the point that one can’t understand.

Go for guardianship, but it’s expensive.
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