No, not unless you executed a POA appointing your wife as your attorney in fact. Marriage does not confer all the rights conferred by a power of attorney. A POA gives your agent widespread authority to act on your behalf in most legal matters excepting your will.
Your spouse can manage your joint accounts and jointly owned personal property. However, simply being your spouse does not give the authority to manage your solely owned property nor any interest you have in real property.
No. It can be your lawyer, your best friend... someone you trust with that sort of power. <P>
<P>You can give a power of attorney to anyone over eighteen. It does not have to be a spouse. You can give a general power of attorney or a special power of attorney. A general power allows them to act on all of your financial matters while a special power limits them usually to one specific transaction. A POA should be filed at the county courthouse where the transaction takes place or where the person who executed the POA lives.
<P>For estate planning you want to use a "springing" power of attorney. That means it is only effective if you become incapaciated and cannot manage your own affairs. A general power of attorney and a health care power of attorney are usually two separate documents and you can have them be two different people. </P>
If the husband is dead, it is too late to get power of attorney. If the husband is terminal and weakening, a power of attorney can be a big help as the wife can get the papers and other matters in order herself. However, in that case the husband must have the legal capacity to execute a Power of Attorney.
Each state may be different in this answer. This is why LIVING WILLS are highly encouraged.
Just telling your spouse or a friend or a child won't get you what you want if you are unable to do it. BUT if you are married, your spouse will be the first one asked what you wanted.
If you do not agree with each other, your own intentions may not be honored unless you have it on paper.
Your spouse cannot sign your name in legal matters, transfer property, etc. But may get a court order to make changes if you are unable or have the court declare your spouse under your guardianship, allowing you to have the POA.
The question is open ended, not saying widow but wife, no indication of deceased or unable to be legally responsible for self.
It is not an automatic process. You have to have the forms and the actual power of attorney.
No. A spouse cannot sign legal documents for the other unless there is a Power of Attorney.
"Power of attorney" means a writing that grants authority to an agent / attorney-in-fact. A husband can be named the agent / attorney-in-fact for his wife.
You need be be listed as "power of attorney" for her.
No. The wife doesn't need a Power of Attorney because her husband executed one. If the wife is "on her husband's account" then it's a joint account and the wife can still do her own banking. However, if the wife wants to be able to have someone else do her banking for her then she will also need to execute a POA naming the daughter as her attorney-in-fact.
Yes. You should be sure to have a general power of attorney and/or medical power of attorney.
Yes, all power of attorney forms need to be notarized.
If your husband has a court order he doesn't need a power of attorney. The court order should be recorded with any deed he executes in your name if the court order gives that authority to him. You seem to be somewhat confused.
That is something you need to discuss with an attorney since your ex-husband has an equal ownership right in the property.That is something you need to discuss with an attorney since your ex-husband has an equal ownership right in the property.That is something you need to discuss with an attorney since your ex-husband has an equal ownership right in the property.That is something you need to discuss with an attorney since your ex-husband has an equal ownership right in the property.
If someone has been named attorney in fact under a durable power of attorney for your husband that person can sell his interest in the property by signing a deed on behalf of your husband.If there was no DPOA, you would need to be appointed his guardian by the probate court and obtain a license to sell the property from the court. You should consult with an attorney.If someone has been named attorney in fact under a durable power of attorney for your husband that person can sell his interest in the property by signing a deed on behalf of your husband.If there was no DPOA, you would need to be appointed his guardian by the probate court and obtain a license to sell the property from the court. You should consult with an attorney.If someone has been named attorney in fact under a durable power of attorney for your husband that person can sell his interest in the property by signing a deed on behalf of your husband.If there was no DPOA, you would need to be appointed his guardian by the probate court and obtain a license to sell the property from the court. You should consult with an attorney.If someone has been named attorney in fact under a durable power of attorney for your husband that person can sell his interest in the property by signing a deed on behalf of your husband.If there was no DPOA, you would need to be appointed his guardian by the probate court and obtain a license to sell the property from the court. You should consult with an attorney.
It would be a good thing to do. This would allow her to handle things while her husband is hospitalized.
You wouldn't need one, as a power of attorney only represents a living person. After their death, a power of attorney would no longer be valid. You need letters of authority to close the estate.
You need to ask you wife what her plans are with you for the future, then you will know if you need a attorney
In most states a Power of Attorney is executed by the principal and does not need to be signed by the attorney-in-fact to be valid. It may need to be witnessed and notarized depending on the state. In some states the AIF is required to sign. You can check the rules in your state at the link provided below.
You can get that type of power of attorney directly from the taxing authority.