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My wife already has POA and takes care of bill paying (anything math related) Is an assessment required ? She is extremely hard headed and difficult and would not readily agree to an evaluation. Suggestions please.

Evaluations of mental capacity usually come from a doctor. Sometimes the evaluation is required to officially start up the POAs. But the suggestion to let her change her will on her own seems like a good one. Is she capable of making an appointment with an attorney, getting there on her own or having the attorney come to her, and communicating her wishes? Why is she telling you about this? Is she using this as leverage to get something from you? Is she dissatisfied about something? You might want to have a discussion first to try to find out if she is dissatisfied, or worried about something. Don't make promises you can't keep.
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Reply to NancyIS
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I am in agreement with Geaton777 's last paragraph - Let your mother seek out an attorney, make an appointment and get there without assistance. If she is able to do that, she may just be of sound enough mind to make any changes she wants.

Have you asked what changes she feels so compelled to make? Is it reasonable/ rational? If she is making a rational decision, but it is one you don't agree with, you can't prevent her from trying to fulfill her wishes. Does she want to add another person in her will because they have provided kindness to her?
Does she want to donate to a charity that is important to her?
Or does she simply threaten to cut you out of her will when you don't do something she wants?

Try and find out why this seems so important to her. Maybe she has forgotten she has a will and needs to see it, review it so she will feel better. We all find comfort in knowing our final wishes have been put into legal documents to be honored when we are gone. You can help put her at ease by helping her to feel good about what's going to happen with her estate when she is gone. Help re-direct any irrational requests, and help guide her to remember exactly what she has and who the important people are in her life.

If she forgets every day, then having a copy of her will next to her so she can review it every day could be all she needs to make her feel better. If she suggests changes, listen to her. Let her talk through her idea. That may be all that is needed, with no real action taken.
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Reply to CaringWifeAZ
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In my personal experience, whenever I took my very elderly Aunt to see her attorney they always took her into a room to privately interview her to assess her legal capacity and to make sure I wasn't there coercing her to make any changes.
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Reply to Geaton777
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Time for a meeting with an attorney, if she has dementia, she is not capable of making sound decisions.
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Reply to MeDolly
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AlvaDeer Dec 18, 2024
They will allow for people with dementia to makes wills, amend trusts, appoint POA and Trustees IF they are capable of fully understanding what they are doing. When my brother was diagnosed with probable early Lewy's his attorney did a complete eval in order for him to make me his trustee and in order to appoint me POA and responsible for all financials. So it is a matter of knowing this woman, watching to be certain she suddenly isn't leaving a fortune to the Lonely Hearts Club and other odd intentions. But if she can pass with the attorney she can likely do some legal things.
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BWMarco: Retain an attorney.
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Reply to Llamalover47
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An attorney will evaluate your mother in so far as her ability to change any will. We do not have to be fully without dementia or memory in order to change a will. We simply have to meet the legal definition of mental competency.

When you take mom to discuss with an attorney you will explain that you currently manage executive functions for her because of memory problems, but that she would like to change things in her will and you will count on him to examine her for mental competence under the law to do so.

At some point it will be necessary to have exam for competence in order to get your POA activated so as to protect mom from herself if she loses capacity. So call APS and ask them how you would go about conservatorship if you wish to have it and fear your mother now needs it.

Your mother is also of an age where at any point she may end hospitalized for one thing and another. As POA that is your opportunity to call in Hospitalist and Social Workers to ask for neuro-psyc evaluation while hospitalized. What mom wants and doesn't want at some point will become irrelevant. It will be about protecting her and keeping her safe if she fails.
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Reply to AlvaDeer
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I agree with Grandma1954. Your wife needs to read her PoA document to make sure she only needs 1 medical diagnosis from 1 doctor (some people put in 2...ugh!)

Yes to the therapeutic fiblet strategy. I've done this with both my MIL and my own 95-yr old Mom when getting her assessed to stop driving and also discretely telling her doc that I need a diagnosis on clinic letterhead that is signed in order to manage her affairs and get her appropriate care. Usually the doc and staff are happy to accommodate this. Your wife must go into the appointments with her (offer to hold her coat/purse, take notes because docs say a lot and talk fast, etc).

Once you have the eval or diagnosis in writing your MIL won't be able to make any changes.

I was able to get the written diagnosis for my Mom this past summer. I escorted her down to FL to visit her 105-yr old sister for over a month. I caught her packing her PoA, Will, car title into her suitcase. When I asked why she would do this she coily said, "Oh, I may want to change something." But I already had the written diagnosis so even if she re-packed it anything she changed would not be legally valid. I also called the FL caregivers (my cousins) in advance to warn them to not help her find any phone numbers of lawyers or to drive her there.

If your MIL has memory issues then whenever the topic of changing her Will comes up, you can redirect the conversation, distract her or pretend you got a phone call and just walk away. Do this every time she brings it up. If she has "capacity" to change her Will then she gets to do everything it involves: finding the lawyer, making and keeping the appointment, getting transportation there -- without your wife's involvement.
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Reply to Geaton777
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If you take her to a lawyer if the lawyer feels during a conversation with her that she is unable to make an informed decision the lawyer will not take her as a client. If she has seen this lawyer in the past he/she will tell mom that he is unable to make changes.

As to an assessment....
Because we are in the "Open enrollment" time for insurance you can tell mom that an annual Medicare exam is required to keep her insurance. Typically a mini mental exam is done. If you inform the doctor in advance that you suspect problems they may refer for further testing.
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Reply to Grandma1954
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