Legal Question in Wills and Trusts in New Jersey

Re: Durable General Power of Attorney

I would need to review the document to know whether or not you would have the power to remove your former son-in-law as the alternate under your husband's Power of Attorney [POA].

You don't have the power to sign a new POA on behalf of your husband. A guardianship action is a possibility, but in that case, the POA would be void in any event, once you are named as the guardian for your husband.

Re: Durable General Power of Attorney

I agree with Jon that the current document needs to be reviewed to see what authority was given you to provide a new substitute. Perhaps, to avoid the cost of Guardianship, you could get something from your SIL, in which he renounces his right to be appointed your substitute (a simple, signed and notarized letter to this effect is all that is needed for his renunciation). Does the POA have any provision that names someone beyond your SIL and/or gives you the right to designate a substitute if your SIL cannot qualify? The problem of a substitute may not be answered by a Guardianship, as there still would be the need for a substitute/successor in the event you became incapacitated or predeceased your husband. Contact me directly if you have further questions or want me to review the current document.