Follow
Share
Find Care & Housing
In California and in the United States in general the husband usually has the legal RIGHT to care for the wife in most circumstances. If children of a prior marriage wish to take on that care, POA, guardianship in general then the wife would have to, while of competent mind, assign the children as her caregivers in a legal POA document while she is able to.

If a husband, in the opinion of the children, is incompetent to do caregiving, then the children can go to an elder care attorney with PROOF or documentation of this fact, and can apply for guardianship of their mother. If there is a guardianship WAR then the hubby is almost certain to win it.

No, a legal pre-nup contract cannot be changed by anyone but those who orginally created it.
Helpful Answer (2)
Reply to AlvaDeer
Report

I think it’s very common for the spouse to be caregiver if they are able to do it . When that’s not possible , some children are able to help , or hired help in the home or placement in a facility occurs .

Often a combination of spouse , and some family and hired in home care occurs as well , if possible , before placement . A lot of us tried to keep LO at home as long as possible before placement in fear of LO running out of money if we placed them in AL too soon because in many states Medicaid does not pay for AL .

Adult children can not change a parents prenup . Only the parent can .
I’m curious how there is a correlation here . Is there some dispute over who is responsible for taking care of your wife ?
Helpful Answer (0)
Reply to waytomisery
Report

Adult children cannot change a legal prenup, but they may have to step up to care for their mom if you're not willing to or for some reason can't.
And in every state the first person to normally care for their spouse is the other spouse. It would be only under extreme circumstances that a spouse wouldn't be able to care for their spouse, and would have to hire outside help or ask family members to help.
If your spouses children are your wife's POA, then they do of course have a say about what needs to be done in the best interest of their mom, but they cannot change any legal paperwork.
Helpful Answer (0)
Reply to funkygrandma59
Report

I'm not sure how caregiving and financial benefit are related.
Helpful Answer (2)
Reply to Beatty
Report

Children cannot change a prenuptial, nor a will, nor a POA. Only the original signers can do this.
If you want a more specific response then fill in some background
Helpful Answer (3)
Reply to MACinCT
Report

Ask a Question
Subscribe to
Our Newsletter