Next Of Kin And Power Of Attorney

Location: Utah, USA

TLDR: Father in Law nearly died of sepsis, was on hospice, and now in a rehab center. He won’t share where any of his documents are because he thinks he will come home but is bedbound. Mother in law has dementia and is not making rational decisions. Can my husband (mother in law’s agent in her power of attorney) act as next of kin on her behalf?

Background: My father in law (80’s) has been essentially bed bound for at least 3 years. He was put on hospice in fall 2025 but refused to talk about it. My mother in law (70’s) was diagnosed with dementia about 3 years ago and is still in early stages but it worsens when pressed to problem solve or is stressed. We have been fighting with them to move him to a skilled nursing facility for years to no avail. Frequent falls, a few hospital stays, rehab, home, and repeat.

FiL has always been very secretive regarding finances and health issues. His first marriage left him paranoid about money. They have been married about 20 years. He has adult biological daughters but they live out of state

The issue: Earlier this month, Father in Law (FiL) was in pain so my mother in law (MiL) took him off hospice and had him taken to the hospital. He had sepsis. He stayed nearly a week but improved and is now in a rehab facility. He insists he will be able to come home. MiL couldn’t keep information straight and refused to communicate with family members about his condition. She originally agreed to having him in skilled nursing if he recovered but is now backtracking. She is also becoming very possessive of him. She refuses to share any information with his daughters and tries to limit his phone calls. I have ROI so I have been able to keep them informed.

When my MiL was diagnosed with dementia, she completed a durable power of attorney naming my husband (her son) the agent. This situation has really exposed her deterioration. Is this enough for him to take over as next of kin for FiL? Or, if not, can one of his daughters be made in charge of decisions on his behalf?