Legal Question in Wills and Trusts in California
My husband of 48 years is dying of cancer. My daughter in law wants Power of Attorney. I do not want to give it to her. Everything we have is joint. Do I need to get Power of Attorney for me to make decisions.
3 Answers from Attorneys
NO. If you do not want to give anyone power of attorney for yourself, then do not. And you do not have any power to give a power of attorney for your husband. Powers of attorney are personal to the person, who has the legal and mental capacity to issue one. Stand your ground and make your own decisions; don't let daughter in law buffalo you.
I am sorry to hear of your situation, and wish you all the best.
You have control over all the community property. If your husband has separate property, then you will need a power of attorney to make decisions as to it. Given the length of your marriage, about the only real possibility of separate property is an inheritance that your husband has kept in his name.
In any event, I see no reason to giver your daughter-in-law a power of attorney.
If your husband is strong enough, it makes sense for you and him to meet with an estate-planning lawyer to make some sense of all these things. A compassionate lawyer here will be able to give you solid advice and help you with the legal aspects of your difficult situation.
If possible, please give consideration to the establishment of a living trust.. You should also assure that an Advanced Health Care Directive and a POLST is placed into effect. A visit with an effective trust and estates attorney is advised.