Power of attorney in Indiana

[Dabowmer]

What is the name of your state? Indiana. My Husband is very ill. He has no will , his name is the only one on the deed. He is unresponsive, and very weak. I need to know what I have to do to get power of attorney. We were going to put our son's name on the deed but my husband took I'll before we could.
I just want to make sure our home goes to our son the way my husband wants in case he passes on. How do I do that with my husband unresponsive?

 

[LdiJ]

What is the name of your state? Indiana. My Husband is very ill. He has no will , his name is the only one on the deed. He is unresponsive, and very weak. I need to know what I have to do to get power of attorney. We were going to put our son's name on the deed but my husband took I'll before we could.
I just want to make sure our home goes to our son the way my husband wants in case he passes on. How do I do that with my husband unresponsive?

Does your husband have any other children? It is not possible for you to get power of attorney because its something that has to be granted by your husband, and it does not appear that he is awake and lucid.

 

[Dabowmer]

No, just our one son. All I want to do is to protect my family and out home.

Does your husband have any other children? It is not possible for you to get power of attorney because its something that has to be granted by your husband, and it does not appear that he is awake and lucid.

 

[LdiJ]

No, just our one son. All I want to do is to protect my family and out home.

If your husband has no other children and no will, his assets will pass to his heirs on an intestate basis. That means that his estate will end up belonging 1/2 to you and 1/2 to your mutual son. You can, if you choose, give over your half of the house to your son. Of course, you will have to go through probate, but that is not a huge deal in Indiana.

 

[FlyingRon]

I'm sorry for the difficult times you are going through.

The last thing you likely want to do is put son's name on the deed now. Understand that "being" on the deed isn't some sort of membership or intent declaration. It's transferring (typically half) of the property to that person, NOW AND IRREVOCABLY. Doing so willy-nilly can disqualify the donor for medicaid services if that is necessary. It also screws the recipient as he receives the donor's basis, rather than getting it stepped up upon death.

If your husband is unresponsive, there's just no way that it's going to get conveyed. A POA can't be made if the person isn't lucid enough to understand what he is granting. A guardianship most likely will NOT permit assets to be given away.

As LdiJ points out, in this case, the property will go to the two of you. If you want to disclaim your part, you may do so at (or shortly after) probate. It will work out fine (and the son will get the best tax treatment).