Follow
Share

I would like to change the POA, but not sure how to do it.

Find Care & Housing
You can change your POA at any time but the time has passed for your husband to be able to change his as he’s no longer able to make sound decisions. Remember the POA was trusted by you both to look out for you and hubby’s best interests. Consider if exactly this may be what’s happening now, if there might be a better way to achieve your financial goal than putting yourself in debt and risking the security of your home. Clearly, I don’t know the whole story, if you want to share more, we can offer more thoughts. I wish you well in such a tough time
Helpful Answer (9)
Reply to Daughterof1930
Report

Hello12, please provide context for your question. We can't give you appropriate guidance if you don't tell us details:

- who is the current PoA for your husband, and who is your PoA?
- why do you need a home equity loan? What do you need to pay for that you cannot afford?
- what is your marital background (is it a second marriage)?
- are there blended family dynamics at play?
- what state do you live in?
Helpful Answer (8)
Reply to Geaton777
Report

As a spouse, you have lots of authority as to how all assets jointly held are dealt with; that POA cannot keep you from doing things with your joint interests. fwiw joint interest also spill over to income paid by SSA to hubs as your own SSA income is based on his and vice versa. Someone holding just a POA (and not holding a court ordered Guardianship or Conservatorship) telling you you have zero decision making authority on assets can pound sand.

So what’s the backstory on this? I’m guessing that this is not a first marriage? but a later one. and that POA is his kid from prior marriages? That the POA views you as adversarial rather than a parent to have care & concern for? If this is the situation, hello12, ya need to find a divorce attorney asap. You need to nip this bs behavior in the bud asap. Not so much to divorce hubs but to ensure your rights under your States “family laws” are enforced. And that is the type of work that divorce attys also do…. to ensure equality & enforce rights of both spouses. If my guess is right, you need to do this as the POA will continue to be a problem for you.
Helpful Answer (7)
Reply to igloo572
Report

You need to see an Elder Law Attorney. He will assess your competency to act as guardian of your husband and your combined assets and he will give you options available to you by the laws of your state.
You will find Certified Elder Law Attorneys listed online for your area.
Wishing you the best of luck.
Helpful Answer (6)
Reply to AlvaDeer
Report

Only your husband can change his POA and because he is now well into his Alzheimer's he legally cannot do that, nor can he sign for any loans.
You may just have to try taking out a personal loan in your own name to get you by for now, or try selling off some of your valuables if you need money that bad.
Helpful Answer (4)
Reply to funkygrandma59
Report

Contact an attorney.
Feedback here is helpful, although you must get legal advice from an attorney in your area.
Helpful Answer (4)
Reply to TouchMatters
Report

Even though your husband can no longer change the person who holds his POA, if you are competent (which it sounds like you still are), your POA is not invoked, your agent can't use it against your wishes, and you can change who your agent is. As igloo and Geaton asked, can you share some more specifics?
Helpful Answer (3)
Reply to MG8522
Report

Hello12: Retain an attorney.
Helpful Answer (3)
Reply to Llamalover47
Report

It would help to have more details of the family and financial situation driving you to want this loan and what is driving the POA to refuse to sign for your spouse. The fact that you are the spouse but not the POA shows some level of a lack of confidence and trust in your ability to make sound decisions. The POA may simply be trying to protect the assets of your spouse. On the other hand, you may have good intentions and might be trying to borrow against the house to pay for your husband’s care - which BTW does not sound like a good financial move to me. Do you know why the POA is against this loan? Do you understand that taking on debt is seldom a good solution to financial problems? If you can’t discuss with the POA, you will need to go see a good elder law attorney for advice.
Helpful Answer (2)
Reply to jemfleming
Report
JoAnn29 Jan 22, 2025
She may not be POA because of their ages. Its recommended that a POA be younger.
(1)
Report
POA meaning the document or POA meaning a person?

You can revoke your POA if you no longer want this person to handle your finances. Just go to your lawyer and assign someone else, it will automatically revoke any previous POAs. Too late to change husbands.

Why do you need an equity loan? Are you talking about a reversed mortgage, those you really don't want to get involved in. You could lose your house.

As said POA is now invoked for your husband. Is yours immediate or needs a doctor to declare incompetence?
Just a thought, maybe you should see an elder lawyer. Maybe time to split your assets in case DH needs to be placed. That way the POA just handles DHs split for now and leaves yours alone.
Helpful Answer (2)
Reply to JoAnn29
Report

See All Answers
Ask a Question
Subscribe to
Our Newsletter