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My husband has vascular dementia. Years ago, when competent, he wrote his will. I believe he would no longer want our savings to go to two of his children mentioned in the will when he dies if I predecease him.
Can you imagine the problems that would come if the POA could change a will? The POA would have sole discretion on who would inherit anything. For example, I am supposed to inherit my mother's house. What if my POA brother got upset with me and wrote me out of the will, taking away the house and anything else that might be left.
POAs act as agents for the person. There are certain things they can do. They involve financial and property matters. Sometimes special powers are added in the POA form. However, I've never heard of changing the will being added.
Well said, Jessie. Every person is entitled to have his or her last wishes carried out (as long as they're legal) regardless of what another family member wants.
If you think your husband wouldn't want joint savings to go to his children (and by your wording I'm assuming they're NOT your children from your marriage to him but rather from a previous relationship he's had), you must feel as though you know well what his intentions might have been.
I'm wondering why the issue wasn't raised long ago when he first began showing signs of dementia. At that point he might still have had the cognition to make the changes himself, if that's really what HE would have wanted.
If your husband has vascular dementia, unless he is very, very wealthy, he is very likely to go through all of his savings for his own care. Contents of will won't matter much if there is nothing to leave.
And if you die before he does he is going to go through his money even faster.
Are you sure that he can't have a discussion with his lawyer and explain what he wants changed? Or has he been declared incompetent?
Even though I've worked in law firms handling estate planning, I've never seen this question asked, and I would hesitate to offer an answer. I think this really is a question that should only be answered by an attorney. Perhaps you should contact the one who drafted his Will and the DPOA.
I really do think you're on the proverbial "slippery slope" here. I think you most likely could anticipate that any disinheritance would provoke hostility if not a legal challenge by the 2 disinherited children against those who do inherit.
ncurren, you and your husband have a saving account... thus if you should die first, that savings account will go to your husband as per your Will, is that correct?.... then if later your husband dies, then the savings goes to his sons as per his Will. If the sons didn't get the money, then who would? Charity?
POA can not change beneficiary designations, whether it is life insurance, or bank account beneficiary. POA document will specify which actions the agent may take on behalf of the principal I seriously doubt any lawyer or DIY document would ever include a way for the agent to change the principal ' s Will. However there are things an agent could do which would mean, in the end, the value of estate was less (such as selling the car or home, and moving the principal to assisted living, and paying those expenses with the proceeds, meaning there wouldn't be hardly anything left for an estate ). But that is not the same as just, outright drawing up a new Will.
You cannot change it, but I wonder, if he is your husband, if he was "willing" common assets. I am no lawyer, and have zero experience in wills, but it seems to me that may be an argument......having said that, is it worth the battle, legal battles are expensive and not guaranteed.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
POAs act as agents for the person. There are certain things they can do. They involve financial and property matters. Sometimes special powers are added in the POA form. However, I've never heard of changing the will being added.
If you think your husband wouldn't want joint savings to go to his children (and by your wording I'm assuming they're NOT your children from your marriage to him but rather from a previous relationship he's had), you must feel as though you know well what his intentions might have been.
I'm wondering why the issue wasn't raised long ago when he first began showing signs of dementia. At that point he might still have had the cognition to make the changes himself, if that's really what HE would have wanted.
And if you die before he does he is going to go through his money even faster.
Are you sure that he can't have a discussion with his lawyer and explain what he wants changed? Or has he been declared incompetent?
Even though I've worked in law firms handling estate planning, I've never seen this question asked, and I would hesitate to offer an answer. I think this really is a question that should only be answered by an attorney. Perhaps you should contact the one who drafted his Will and the DPOA.
I really do think you're on the proverbial "slippery slope" here. I think you most likely could anticipate that any disinheritance would provoke hostility if not a legal challenge by the 2 disinherited children against those who do inherit.
I seriously doubt any lawyer or DIY document would ever include a way for the agent to change the principal ' s Will. However there are things an agent could do which would mean, in the end, the value of estate was less (such as selling the car or home, and moving the principal to assisted living, and paying those expenses with the proceeds, meaning there wouldn't be hardly anything left for an estate ). But that is not the same as just, outright drawing up a new Will.
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