Power of Attorney rights over spouse?

[Chunk]

What is the name of your state: OREGON

Hello,

My father is a senior that has been declining in health for some time, but is still of VERY sound mind. His wife and I needless to say don't see eye to eye, but with that said my father doesn't get along with her either. Divorce is not an option due to financial concerns, but he has expressed interest in my becoming his POA.

My concerns lie with his wife being able to challenge the POA and whether or not spousal right override POA rights. She has various physical and mental maladies that do seem to be pertinent as well. She is almost 100% blind, is totally dependent on my father to take care of her and has EXTENSIVELY recorded (medically not legally) mental issues including paranoia, and early dementia. Does this have any bearing?

It bears saying that I do have a medical POA already in the event he becomes incapacitated including a DNR through Kaiser Permanente, again though I do not know if that has any weight if challenged by her.

My fathers main concern is that his wishes are adhered to after he is gone. We are in process of updating his will to reflect those wishes, but he is concerned that I will not receive the property he has outlined for me. Is a POA needed for those circumstances? I know it is not enforceable after death so, is it easier to simply create a hand drawn document and have him turn his items over to me sooner rather than later?

Also I am in NO way concerned to have control of his bank accounts, he has very little and that only becomes needed if his wife were to pass.

Apologies for the disjointed questions we are both rather lost. Please feel free to ask any questions for clarification if I not being clear, and thank you in advance.

 

[justalayman]

not really sure what you are asking.

You spoke of a will. That is the instrument that will control after his death, regardless what the wife says.

I have no idea what you are speaking of with the spousal rights. What power do you believe she yields?

 

[FlyingRon]

The wife can certainly argue the validity of a POA (just like anybody else) but it's unlikely that such would mean much. Note that nobody is actually OBLIGED to take your POA so it best be crafted well (usually the more specific it can be made the more likely it will be accepted). She's most likely to be able to interfere on anything that involved the marital estate. Alas, jointly held and other marital estate stuff is not terminated by writing POA documents. It takes a divorce (or at least a mutual property agreement).

A POA has no authority after death and I'm not sure what any "hand drawn" document would either. It would take a will.

 

[Chunk]

The wife can certainly argue the validity of a POA (just like anybody else) but it's unlikely that such would mean much. Note that nobody is actually OBLIGED to take your POA so it best be crafted well (usually the more specific it can be made the more likely it will be accepted). She's most likely to be able to interfere on anything that involved the marital estate. Alas, jointly held and other marital estate stuff is not terminated by writing POA documents. It takes a divorce (or at least a mutual property agreement).

A POA has no authority after death and I'm not sure what any "hand drawn" document would either. It would take a will.

Thank you, that pretty much answers it I think. I know my statement was a bit all over to say the least, and I have been able to narrow it down. What I meant by a hand drawn document is that to avoid any issues after death with his will my dad is interested in either giving me the items he wished to beforehand and writing a document saying as much, or writing a purchase contract and "selling" the items to me. Personally I think that is the better bet as it is his property to do with as he wishes and if it is done before death it tends to greatly simplify the issue. Is that sound thinking? Would notarizing it help or have any effect?

After continued research on POA's it seems to be fairly useless in this case as he is mentally still capable and there is no danger of him being taken advantage of. As I said I have no need nor desire to take over bank accounts, bills, or anything of the sort.