My husband is incapacitated and his child has power of attorney. What are my rights as a second wife.?
436920
Consult your lawyer but power of attorney gives an enormous amount of power. However, the person using the power should use it in the best interests of the person they are acting on behalf.
889110
You should discuss this with a lawyer.  Your wife should not be able to keep you from seeing your children without some sort of legal protection.  And from what you described, there doesn't seem to be any reason for that.  Definitely get a lawyer.
73140
If you challenge this, you will have to produce witness that say that she changed it when he lost his mental abilities.  You will have to contest the will in Probate Court in the county that you dad lived in.  It will be an uphill battle to win this.  If a person leave no will, all funds go to the wife.  You see the challenge?
879773
I deal with POAs very often, so I'll speak to you first as a professional. The first thing you need to know is that he is incurring into elderly abuse (legally speaking), under the mental abuse section. Secondly, as Traveldiva said, he is not the controller of her life - a POA, in NO INSTANCE gives anyone control over someone's life unless it's a healthcare durable power of attorney, and then ONLY if the person does not have the physical ability to make any single decision. In all other cases, a POA only gives rights and control over financial matters (however, he CANNOT, legally speaking too, do ANYthing without the grantor's approval if the grantor is of sound mind and capable of speech). I gather from what you say that he has only a financial power of attorney (and is taking every advantage he can). He is *100% wrong* in believing that the POA he has gives him the right to do what he wants WITHOUT CONSULTING THE FAMILY.\n\nNow, what you need to do is inform mum that she needs to *revoke* the POA and issue a new one to whomever she and you guys think it's best. A POA is revokable at any point in time as long as the person is of sound mind (legally, this means that the person is able to speak and that she or he has not been committed to a mental facility or declared mentally unstable or unfit to take care of her or his own affairs by a legal authority or institution) and able to make decisions. Obviously the decision is hers and it can involve whomever she wants, but it is 100% revokable. HIS OBLIGATION (moral and contractual) IS TO THE GRANTOR AND HER OR HIS FAMILY, not to himself.\n\nNow, from a personal standpoint, I'd say that if he is incurring into the kind of treatment you say, he could get worse, and his only interest would be money, and he'd be pushing her further into the cheapest-living facilities in order to keep whatever insurance money she has to her name, such as health or life insurance. Don't allow this abuse of the poor woman.\n\nI hope Ih elped a little. Feel free to write with any questions, my e-mail is on my profile.\n\nBest of luck to you and mum!
1084218
The wife has NO rights to the child of another woman.  Her husband may, if he chooses to claim paternity, his claim holds up. and a court grants him something more than just a financial obligation.
1166701
I think you should do the following - find a marriage counselor - obtain an attorney.\n\nThe marriage counselor may help you and your wife come to an understanding, the attorney will ensure that YOUR rights are upheld. I would not tell your wife about your attorney, just in case she decides to leave out to her home town. \n\nYou had said that you have your child? When your wife decides to leave and party and not return for two weeks, you can file for child abandonment. It sounds like you would be better with the child than the wife. That's where the attorney comes in.
205900
You need to be proactive in this situation, not reactive. I would immediately seek the counsel of your clergy and an attorney to protect your children and your assets.
504467
do you have an attorney? i do know that in the state of TX you can ask him be given supervised visitation where you can designate someone who has to be there every time he has the child and in some cases you can even say where he has to be during that time i went through something similar with my daughter in the end he gave up all rights to her so it is OK now but there are options you will just need a good attorney to make sure that you are utilizing the system to your advantage
288461
The surviving parent has to get a court order for custody.  this happened to my husband.
976153
You need to speak to an attorney about your rights and obligations.  Also, why not speak with her financial advisor to find out what, if any, plans are in place concerning your mother's death.
909697
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812890
Your best bet is to get clear on what your "rights" as a parent are - remember, the mother of your child (your "ex-wife") has those same rights.  Your wife (non-mother) of your child has "no PARENTAL" rights---that's why the school could say what they did.  The school has to answer to the PARENTS of the student and, of course, the law.  The "law" guarantees the "rights."  Call your attorney and get clarification.  Invite your wife to attend a meeting with your attorney so she won't be so upset when your ex-wife exercises her parental rights because she is one of the parents.  It's good that you continue to try to smooth things over.  For your son's sake, you and his "mom" need to be on the same page.  He lives with you and his mom all the time...but with his step-mom part of the time.  I can understand that your wife is upset about the picking up at school...but let's turn it around.  How would you feel if your ex-wife had a husband that wanted to do a ton of things with your son including picking him up from school and he wanted your ex-wife to tell you off.  Sounds kinda crazy when you think of it that way, huh.  It IS great that your wife does things with your son!!!  Give her many, many thanks and praise.  Keep in mind what is best for your son and not your wife.  Giving his mom respect will do more for him than simply doing what your wife wants---but may not help you much in the cuddle department---that shouldn't make a difference though, if your wife is doing things with your son to 1) be nice because she is or 2) help take the load off of you.  If she's doing it to spite your ex-, you've got a bigger problem on your hands than you realize.  May not be answers you were looking for.  Pray about it if you pray, that is.
788484
u gotta go thru a process to protect everyone's rights, you, the other person, the insitution.  wheneven a person canno0t handle their own affairs it is time to take action.  if a person goes along, not much of a probelem just follow procedures.  if person does not, then you gotta get a court order
93014
your state must not have a scale that is used based on her income and your income. dont go to jail. go to court. have the younger son talk to the judge alone in chambers. it can make all the difference. your attorney can set it up with out her knowing until the last minute. fight for your kids. hope your older son gets better soon.
401029
Yes.  Speak to a family law attorney.
469447
I would think it is, but the other person might be considered a minor. You might want to get a lawyer and find about that one. Good luck to you.
596597
GET ANOTHER LAWYER AS SOON AS POSSIBLE WHILE YOUR HUSBAND IS STILL AROUND.IT WILL BE HARDER TO GET HIM BACK WHILE HE IS OUT OF THE COUNTRY.HAVE YOUR DOCUMENTS AT HAND......WHO IS YOUR LOCAL MP?HERE IN THE UK IT PAYS TO LET YOUR MP KNOW BECAUSE USUALLY THEY ASSIST YOU AND LET YOU KNOW WHICH OTHER CHANNELS YOU CAN TAKE.GOOD LUCK AND BE STRONG.