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Your husband's general Power of Attorney doesn't affect your rights as his spouse. You can't sign his name without a POA so his appointing his son as his attorney-in-fact doesn't affect your rights. His son can sign for him in his business matters.

If it is a medical POA then he has given his son the right to make medical decisions for him that would over-ride your right to make those decisions. A health care POA only goes into effect when the attending physician has made a determination that the patient lacks legal capacity to make decisions. Prior to that time the patient has the right to make decisions.

If you have further questions then you should consult with an attorney who can review your situation and explain your rights and options. You should be aware that your husband's granting a powers of attorney to your son gives your son access to all your jointly held property including bank accounts.

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14y ago
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8y ago

You have the same rights regarding property as you do with your husband. And because you are the spouse, you may want to go to the court and get them to appoint you.

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Q: What if your husband gave his son power of attorney what rights do you have as his spouse?
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Does the wife have any superior rights over the stepson's power of attorney for her husband?

It depends on what rights you are referring to. The stepson has the legal rights set forth in the Power of Attorney document. Those are likely to include the power to sell solely owned property, manage bank accounts, make medical decisions, etc. He cannot use the power to disinherit the spouse. The spouse should consult with an attorney to discuss her rights and status.It depends on what rights you are referring to. The stepson has the legal rights set forth in the Power of Attorney document. Those are likely to include the power to sell solely owned property, manage bank accounts, make medical decisions, etc. He cannot use the power to disinherit the spouse. The spouse should consult with an attorney to discuss her rights and status.It depends on what rights you are referring to. The stepson has the legal rights set forth in the Power of Attorney document. Those are likely to include the power to sell solely owned property, manage bank accounts, make medical decisions, etc. He cannot use the power to disinherit the spouse. The spouse should consult with an attorney to discuss her rights and status.It depends on what rights you are referring to. The stepson has the legal rights set forth in the Power of Attorney document. Those are likely to include the power to sell solely owned property, manage bank accounts, make medical decisions, etc. He cannot use the power to disinherit the spouse. The spouse should consult with an attorney to discuss her rights and status.


Does marriage create Power of attorney with your spouse?

Marriage does not automatically create a power of attorney. They have to specifically grant the rights.


Does biological children have rights to deceased fathers assetts if the step mother is power of attorney?

The power of attorney expired on his death. In most cases the spouse gets the estate if there is no will.


Does a son who has power of attorney for his married mother have rights to her joint property with her husband?

yes


What rights do you have as an estranged wife when the spouse is ill?

You have full legal rights until your marriage is legally dissolved by a divorce. You are the legal next of kin unless your spouse has appointed a health proxy or medical power of attorney in writing. You are his legal spouse for purposes of inheritance.You have full legal rights until your marriage is legally dissolved by a divorce. You are the legal next of kin unless your spouse has appointed a health proxy or medical power of attorney in writing. You are his legal spouse for purposes of inheritance.You have full legal rights until your marriage is legally dissolved by a divorce. You are the legal next of kin unless your spouse has appointed a health proxy or medical power of attorney in writing. You are his legal spouse for purposes of inheritance.You have full legal rights until your marriage is legally dissolved by a divorce. You are the legal next of kin unless your spouse has appointed a health proxy or medical power of attorney in writing. You are his legal spouse for purposes of inheritance.


Can you write your spouse name on a legal document then sign your name and put power of attorney?

If your spouse has granted you the power of attorney. Otherwise it would not be valid.


Does a wife need a power of attorney for her elderly husband?

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.


Can you legally sign a document for an incompetent spouse if the daughter of the incompetent spouse has Power of Attorney?

If the daughter has a valid Power of Attorney then she can sign for the incompetent. The Power of Attorney must have been executed when the spouse was competent and clearly to remain in effect in the case of a later incompetency. In most jurisdictions this would be knows as a Durable Power of Attorney.


Can wife sign for spouse or does son who is power of attorney have to sign?

The person with the power of attorney has to sign for the individual.


Who has power of attorney if there is no spouse or children?

Nobody has a power of attorney unless the individual has duly appointed them. And if they are deceased, no power of attorney is valid, as they expire at death.


Is a spouse automatically a power of attorney if you become incapacitated?

There is nothing automatic about the process. Either they are granted the power by the person in question or the court has to grant it.


How do you obtain power of attorney for an incompetent spouse?

You can get a power of attorney form online or at your local office supply store.