Power of attorney or power to steal?

Question

if I give my spouse full power of attorney while I am terminally ill, can she sell all my property and assets legally or would she have to account for it when my will is read?

The reason I ask is I have kids from another wife whom I included in my will, but I wonder if she sell everything before my death if she would be held accountable.

Answer 1

Until she can prove your incompetent or unable to communicate your wishes all she can do is sign things on your behalf so make darn sure any wishes or concerns are documented in writing long before you'll need it. CYOA...Cover Your Own A*s.

Answer 2

The heirs can hold her accountable.

Answer 3

There is a difference between receiving an inheritance after your death and having power of attorney.  Power of attorney given in a will usually applies only after you have died, and only means they plan your funeral and give our the inheritances to the proper recipients.  Power of attorney for a terminally ill patient usually means that person can make medical decisions for you, not sell all your property.  I would question your decision to chose anyone for such a privilege as power of attorney if you don't trust them enough to make the right decisions and if you are wondering if they're going to rip you off.  

Answer 4

This goes beyond power of attorney since she is your wife. If you don't have separate property then she has access to your stuff anyway. If you want to make sure that your kids are provided for and that she can't waste your assets or contest a will put your stuff in trust and name your kids as the benificiaries and your wife as a secondary trusty. If you get a revokable trust you will be the trusty and the person who controls the assets while you are alive and competent. This way she has access to your assets but can only use them in ways that you specifiy. In addition, she won't be able to contest the provisions of the trust as as easily as a will and she will be held accountable for the way that the assets are used.