Legal Question in Wills and Trusts in Maryland

My husband and I were married two years ao. In 1997 a power of attorney was written with his adult children to carry outmy husband's wishes, one month ago my husband had an anerisum and is still in a coma, his children have pretty much tried to exclude me when making an medical or financial decisons, they have taken the two cars, they have changed the mailing address, etc. As his wife do i have any authority or say.

Asked on 9/25/10, 4:20 pm

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

It depends on a variety of factors. As his wife, you have many rights. However, this is balanced against your husband's right to choose who makes medical decisions for him in these types of situations.

I STRONGLY recommend that you consult a family law attorney to discuss your rights, options, etc. That attorney will likely want to closely review the 1997 power of attorney before proceeding.

Best of luck. ******The above is for informational purposes only and does not create an attorney-client privilege.******

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Answered on 10/01/10, 2:41 am
Sean T. Morris Law Office of Sean T. Morris

You should consult with a lawyer who can review the power of attorney as well as the actual actions that your husband's children are taking. A power of attorney is intended, as you say, to carry out the wishes of the person who made it -- not allow a free for all if the person who made it gets sick.

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Answered on 10/01/10, 5:18 am

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