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SuzieMK Asked April 2, 2026

My husband created a trust after his first wife passed and his sons have POA. They put him in assisted living; Do I have no control over this?

After having the flu my husband went to rehab, I told his son that I needed help taking care of him (thinking they might help getting help in the home) while he was in rehab the doctor said he was unable to make decisions at this time so their poa went into effect and they immediately put him in assisted living. The son that has financial poa told my daughter that they were going to have to sell our house to pay for assisted living so I packed my things and came to Oregon with my daughter so I would have a place to live before I was evicted. I talked to him everyday but about a week ago he no longer has his phone. He was recently diagnosed with bladder cancer metastasis to pelvis and bone and started on hospice on Monday. The boys seem to be isolating him from me. I call the facility and they said I have to contact my husbands son to see what his care is with hospice or how is he feeling today. I call his son and get no response. My daughter and I will be driving the 10 hours to see him next Thursday. My husbands son said that I had asked for an annulment and I had abandoned my husband this is so untrue. I am so afraid they are telling untruths to my husbands son as well . I am so stressed out and there is no way I can contact him. Has anyone had a similar situation?

Stahtah Apr 7, 2026
In some states, there are laws to protect you from selling the home to pay for his care. In Illinois the law is referred to as "Spousal impoverishment" and it basically allows for the home and a car, plus a specific monthly value to remain with you, the spouse, so that you do not become impoverished or homeless. Definitely get an attorney to make sure what your rights are, in your state.

SamTheManager Apr 6, 2026
This is terrible but you have to talk to an attorney at once! Call an attorney to find out what your rights are. I wouldn't have left the house without speaking to an attorney. When you talk to an attorney, or anyone, tell them specifically that you meant you needed help hiring in home carers.

You also might have to swallow some nonsense with the sons in order to see your husband before he dies, but I wouldn't sign anything they gave me unless an attorney saw it and said it was ok. I am serious. Preserve your rights asap.

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brandee Apr 4, 2026
You need to see a lawyer in your state. This may vary by state law.

JustAnon Apr 3, 2026
I hope the trip goes well. Get a lawyer.

Geaton777 Apr 3, 2026
I'm sorry you are experiencing this distressing situation. Since you were legally married, regardless of the trust, I would consult with an elder law attorney before his son drains all his money and sells your community assets. It's possible that after his illness his cognitive impairment ramped up and he was telling his sons confabulations about your relationship. This type of thing does happen.

Please see an attorney immediately as blocking is a red flag to courts and you may have strong legal recourse, trust or no trust.

Unfortunately, this power struggle scenario that can play out in blended families, especially if the marriage happened later in their lives and especially if you didn't have a good or close relationship with his children.

Please have tempered expectations that the facility may not allow you to visit him if his sons gave them instructions to deny you access. You won't get in just because you are the spouse. While back in that original home state you should see an attorney.

ShirleyDot Apr 3, 2026
How much time elapsed between his rehab and now? Stage 4 cancer doesn’t happen overnight and could have been affecting his mind. I’m sure there is a back story but I would think as his wife, you have a right to see him. If you are unable to in person it does sound like you need an attorney immediately. He may not have much time left. Did he make no accommodations for you as his wife? How long were you married?

SnoopyLove Apr 2, 2026
I hope others with experience in this sort of situation will respond but to me it sounds like you need an attorney, immediately.

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