Legal Question in Family Law in North Carolina

Yes, she can do that. When she passes away, you can fight to obtain custody of the child that is yours, but it will ultimately be up to the court. A court may not want to split up the children. I also do not know what the reason is underlying your wife's decision that she wants her mother to be guardian. Were you abusive? Any drug, alcohol or other addictions? If there are any reasons, you will have to be prepared to address these concerns and persuade the court that your child's best interests will be served with you.

Power of attorney ends at death. Power of attorney does not permit another to assume guardianship over your child or the other children. If your wife is indeed sick with cancer, she may well have a power of attorney to allow your wife's mother or someone else to do things like manage her property or pay her bills.