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Bouldin Law Firm
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Alzheimer's and Divorce

With the aging population there is a noticeable increase in Alzheimer's disease and dementia throughout the country.  Northern Kentucky is no exception to this increase.  With this comes an increase in marital trouble and divorce and the numerous issues, legal, ethical and practical, surrounding representation of clients with diminished capacity. Whether representing the client with dementia or the spouse, there are issues surrounding how the case needs to be dealt with.  Increasingly, the Power of Attorney may need to be the contact person. Of additional consideration is how to handle a case where the spouse utilizes his/her POA to transfer assets OR files for guardianship of the other spouse.  This can create both logistical and legal problems as there may be two different courts issuing Orders and those Orders may not comply with one another. I recently handled a case where the client would suggest one course of action when around his wife and another when around his children.  It became very obvious that whoever was around had tremendous influence over how the client wanted to proceed. Although he appeared perfectly competent, he often became confused or changed his mind around others.  The compromise was had when we determined that his brother, who had zero financial interest, would be the best person to arrange and attend meetings.  Brother eventually became the POA to assist in the handling of the case.* If you or a loved one has Alzheimer's Disease or dementia, they need competent legal counsel especially when going through a divorce. The attorney should be well versed in all aspects of the law, as well as have experience dealing with such clients. For a consultation in Northern Kentucky, call Michael Bouldin at 859-581-6453 or email at [email protected]. *This is one example and not necessarily indicated of how other cases are handled.

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