Legal Question in Wills and Trusts in California

I would tread very carefully on this issue. As attorney-in-fact for your husband (the holder of the power of attorney), you have a fiduciary duty to act in your husband's best interests. Because you are considering divorcing him, it appears that you might be doing otherwise. Your husband's heirs (if different from your children), if any, might not appreciate such actions, to say the least. You should contact an attorney in your locale and review all of the issues before doing what you are suggesting, to avoid potential personal liability.

I think this is the vilest thing I have ever read on Lawguru.

If there is a fundamental maxim to California's community property law, it is this:

"One spouse cannot make a gift of community property to herself."

Both of the above answers are correct. Also, you probably would not get the results you want. And if one of the children decides to side with your "ex-husband" they will evict you from the house and then you will try to argue what you did was illegal.

All three previous answers miss two key points. The first is that unless the power of attorney was given before he was diagnosed, AND it is expressly a durable power of attoreny, you have no authority at all. Unless a power of attorney is expressly made durable, meaning it is expressly intended and understood by the person giving it that it will continue in effect once he or she is no longer competent to act, the power of attorney expires with the capacity of the grantor of the power. This is because a POA is only effective to do that which the grantor of the power could do themselves. An incompetent person cannot take legally binding action, and that includes granting the power in the first place. So the power is either no good from the start, or becomes no good when the grantor is no longer competent. The second point is that what you are proposing to do most likely constitutes criminal financial elder abuse. He may die in a home, but unless he robbed the cradel you may die in jail if you do what you propose.