husband wants the poa in the case that something happens to him , but does not want the wife to be the sole poa because of much property ownership in realestate . I guess he does not want the wife to be making the decisions alone. But what will protect the wife from being out voted in a decsion that she might want to make ? like sell property, How can the husband give all the power over the wife in decision making to the children after a 35 plus marriage.?
Donna, thank you for the additional information. If the wife does not sign and accept to have POA along with the three other children, then she will not have a controlling say, in any decisions made, regarding her husband. She will be entitled to make her own decisions regarding herself and certainly voice her concerns when dealing with issues involving her husband but the three children will have the final say. It is important to remember, that the wife will still retain her legal interest/share in any property or assets, which has been accumulated over the course of the marriage and the three children, can not take her share away. They can certainly make decisions regarding the father share but if there are disputes or any wrong doing by the children, the mother would have to proceed through the court to protect her interest and that of her husband. The children have an obligation to act in the best interest of the father when making these decisions and should also consider the mother and how she will be effected, with these decisions. It is very possible that while they may act on behalf of the father, the mothers cooperation would be needed. A classic example of this would be if they wanted to sell a piece of property that was jointly held and a marital asset, which the mother did not want to sell. If there are issues, it may be best for the husband to give POA to an independent third party, who lacks and potential interest or gain. Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).