Thanks for the replies. Not a big deal, I guess, her will divides everything equally between our 2 children, same as mine does, just wanted to do some gifting. Are the rules the same for a POA, it can't be changed without her signature, or initials? Thanks!
You can no longer update her will. Only a competent person can make a will. If the person did not make a will it is too late. When/if your wife dies she will have died intestate (not having a will). Her estate will be divided then as your state dictates. In some regions the assets become the husband's. In other states the assets are divided between husband and wife. Any accounts that have both your names will belong to you upon submission of death certificate. You can be appointed to execute or administrate her estate in the absence of a will. If there is a will it will be done as that will says. You CAN update other things. You can sell her property if her POA allows that. Read exactly what your rights are under POA. It will be clearly stated. But you can no longer change any will.
You cannot. Once she has been declared incapacitated the will stays as is. Not even a POA can change it. If she still understands an attorney may let her change it.
You cannot update her will. If she has been diagnosed incompetent, your POA does not give you the ability to change her Will. She needs to be able to understand the changes made. I am surprised a lawyer would even write a Will for someone suffering from a Dementia. The notarizing is usually done in the Lawyers office. I think they have to sign with an X if unable to write. A lawyer can help u with this.
What specific problems does this create for either of you? There are sometimes other ways to achieve anything that particularly needs doing.