I have Power of Attorney over my husband is terminally ill and on hospice. We have been married for 19 years and own 2 homes together. I have children from a previous marriage. He is unable to speak for himself. Can I use the POA to put the house in trust for my children and eliminate any of his siblings in case I pass away first.
No, that would be a violation of your duties as power of attorney. A power of attorney can only act in the interests of the person they're acting for. Doing documents that give away his half of community property is not acting in his interests. You have two legally valid choices: (1) wait until after his death, and then (assuming the properties are held as joint tenants) have a trust drafted disposing of the property as you wish; or (2) file a petition for substituted judgment requesting to do a trust with the terms you state. Frankly, option #2 is a long shot. You would need strong written proof that your husband's wishes, when he could speak for himself, was for your children and not his siblings to inherit.
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