My husband is much older than I am. We've been together for over 30 years. It's a second marriage for both of us. He lost his retirement/life savings by "selling" his business to his druggie son years ago. He was recently diagnosed as having "cognitive decline". It was advised by the neurologist that we draw up durable POA. To save money, I am using one online. The problem is that the form says that I can't transfer "his" property to myself. It's half mine-and I've ended up paying for the house myself since he retired within 3 years of building it. I'm concerned about whether it will affect the legality if I strike that part of the document. It would seem that it would be okay, since it should legally go to me at his death anyway. Does anyone here have the experience to know if this would be a problem?
If your house is titled as JTWROS, there is no need to transfer that asset, you already own it. Joint title means each of you have 100% ownership in the house, not just 50/50. Another reason for an atty. Because of his decline, you need to get those documents done immediately. As he progresses, he will not have the competency to create a POA. The atty can also create quit claim deeds, if necessary.
So don't go the cheap way, see an elder care atty and have it done right. While at the office, you may want to consider a living will to make your and your husband's final wishes known. Good luck.