Fight Between Etta James’ Husband and Son Over Care

Remember this fight

Etta James’ final year of life was marred by controversy, between her husband, Artis Mills, of 42 years and her two adult sons from prior relationships.

James’ 2008 power of attorney gave legal authority to one of her sons, but her husband claimed it was signed after James already had dementia and was not competent. They fought in court over who would make her financial and medical decisions, and even how much money her husband would be allowed to have to pay for her care.

And Yes, normally, the Power of Attorney would control, which would mean that the husband of 42 years would lose out. Yes, a Power of Attorney usually trumps 42 years of marriage.

James had about $1,000,000 (one million dollars) in bank accounts with James’s sole name.

Luckily, the family reached a resolution around the time James’ illness was declared terminal. The settlement allowed her husband to make her medical and financial decisions as her conservator, but only permitted him to control $350,000 for her medical care.

Fights between spouses and children of a prior spouse (or other parent) are not at all unusual when someone develops Alzheimer’s disease or another form of dementia.  That’s why having the proper legal documents in place, signed early — before there is any question of whether someone is competent — is so important.