when power of attorney is someone other than wife is wife still responsible to creditors

Power of attorney is only valid when the principal is still alive. After an individual passes, their estate representative or executor will be responsible for legal decision-making and distributing property to heirs. If the decedent failed to appoint an executor, the court will appoint one for them.

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Can a power of attorney act on behalf of a spouse?

By Stephanie Kurose, J.D. A power of attorney, or POA, is a legal document that allows a person to give someone else authority to make decisions on their behalf. Spouses often give each other power of attorney, but this is not always the case. When a married person selects a third party to be their POA, it can create confusion or tension down the road, so it is important to know …

Can a married person give a third party power of attorney?

May 08, 2020 · In general, a power of attorney supersedes the wishes of a spouse, says Scott E. Rahn, founder and co-managing partner of Los Angeles law firm RMO. "Often, a power of attorney is given to another family member, business partner or another trusted adviser with specific expertise in a given discipline, like an attorney, CPA or business manager ...

What is a power of attorney?

By River Braun, J.D. As long as you are mentally competent when you created a medical power of attorney (POA) and followed state laws regarding the content and execution of the document, no one, not even your spouse, has the right to overrule your choices. Anyone over the age of 18 has the right to appoint a trusted person to act as their agent ...

Can a power of attorney also be a beneficiary?

The common theme is that a Power of Attorney isn’t personally liable for the debts of the grantor unless she does something wrong or silly or both. Neal’s Notes: It’s also important to keep in mind that there are certain problems with Powers of Attorney that go beyond the scope of what we are talking about here.

What three decisions Cannot be made by a legal power of attorney?

Are there any decisions I could not give an attorney power to decide? You cannot give an attorney the power to: act in a way or make a decision that you cannot normally do yourself – for example, anything outside the law. consent to a deprivation of liberty being imposed on you, without a court order.

Can debt collectors go after your spouse?

Yes. You are still legally married and the creditor could come after you for his debts for necessary expenses, such as medical care, during this separation.Apr 30, 2012

Can a family member override a power of attorney?

The Principal can override either type of POA whenever they want. However, other relatives may be concerned that the Agent (in most cases a close family member like a parent, child, sibling, or spouse) is abusing their rights and responsibilities by neglecting or exploiting their loved one.Nov 3, 2019

Can power of attorney take out a loan?

Well, the only way that you can legally take out a loan in someone else's name is if you have Power of Attorney (POA) over their finances. POA is granted when someone is unable to run their finances properly themselves, either because they're in poor physical or mental health, for example.Feb 26, 2017

Is a wife responsible for husband's debts?

Since California is a community property state, the law applies that the community estate shared between both individuals is liable for a debt incurred by either spouse during the marriage. All community property shared equally between husband and wife can be held liable for repaying the debts of one spouse.

How can I not be responsible for my spouse's debt?

The creditor or debt collector should not report your spouse's debts to a credit reporting company under your name unless you: were a joint account holder; co-signed for the loan, account, or debt; or live in a community property state.Aug 28, 2020

Does power of attorney override next of kin?

No. The term next of kin is in common use but a next of kin has no legal powers, rights or responsibilities.

Who makes decisions if no power of attorney?

If you have not given someone authority to make decisions under a power of attorney, then decisions about your health, care and living arrangements will be made by your care professional, the doctor or social worker who is in charge of your treatment or care.Mar 30, 2020

Can you challenge power of attorney?

You may wish to dispute a Power of Attorney if you consider the power has been granted to the wrong person or the individual did not have the necessary capacity to make the power of attorney. You may also have concerns that an attorney's actions are not in the best interests of the individual.Sep 13, 2017

Can Power of Attorney spend money?

Unless the LPA states otherwise, you can spend money on: gifts to a donor's friend, family member or acquaintance on occasions when you would normally give gifts (such as birthdays or anniversaries) donations to a charity that the donor wouldn't object to, for example a charity they've donated to before.

Can I buy a house using Power of Attorney?

An attorney cannot use the power of attorneys for personal gain or to benefit themself, so certainly cannot buy the property from the donor for below-market-rate without permission from the Office of the Public Guardian.Feb 1, 2022

Can someone change their will if they have dementia?

The person living with dementia maintains the right to make his or her own decisions as long as he or she has legal capacity. Power of attorney does not give the agent the authority to override the principal's decision-making until the person with dementia no longer has legal capacity.

What happens to a power of attorney after death?

A general power of attorney terminates if you become incapacitated. A durable power of attorney remains in effect after incapacity or death. The person who executes a power of attorney is generally referred to as the "principal," and the person granted authority is called an "agent.".

Why do you need a power of attorney?

Because a power of attorney grants someone the ability to act as your legal representative in the matters authorized in the instrument, Rahn advises considering several factors before choosing an agent.

What is a non-spouse agent?

for the benefit of the principal or the principal's family, including the spouse. The agent is usually the executor or trustee of the principal's will and trust, too, Rahn says.

Does marriage give you the final say?

However, being married may not mean that someone has the final say in all matters. Find out what power of attorney is and whether it supersedes the rights of the spouse.

Can a spouse give someone else a power of attorney?

If your spouse has given someone else power of attorney over certain matters, you may not have the final say. A power of attorney grants another person or entity decision-making power over some or all matters just as if you decided yourself. A general power of attorney terminates if you become incapacitated. A durable power of attorney remains in ...

Medical Power of Attorney Defined

A medical POA (also referred to as a healthcare power of attorney) is a legal document that enables you, as the principal, to appoint a trusted person to become your agent for making health care decisions when you are unable to make them for yourself.

Challenging Authority

If a spouse wishes to challenge a medical POA, they may do so under certain circumstances. These circumstances include mental incapacity, coercion, lack of formalities, and abuse.

Why are you liable for a power of attorney?

Are liable because of the relationship you have with the person (and this has nothing to do with you being the “agent”). Act negligently, fraudulently or illegally. Do something that you are not authorized to do by the Power of Attorney document.

Who is the person who gives you a power of attorney?

Problems of liability can blindside you and put you in a world of hurt. Before we get to that, let’s define a few terms. The person who creates and provides you with the Power of Attorney is called the “grantor”, ...

Why is an agent a fiduciary?

Because the “agent” has a “fiduciary responsibility” to act on behalf of the grantor. That means you have to work in the best interests of the grantor and not your own. And that means if the grantor thinks (and can prove) that you acted outside your duty, she (or her heirs) can and will sue you.

What happened to the woman who was appointed as a power of attorney for her father?

Here’s what happened. Once the woman was appointed Power of Attorney for her father, she contacted her dad’s bank. The bank wouldn’t give her information on her father’s loan until she co-signed her father’s mortgage. Outrageous. The bank acted illegally of course.

What happens if a trustee doesn't complete her side of the bargain?

If the “grantor” doesn’t complete her side of the bargain, she will be held responsible, not you. This is very similar to how a trustee in a trust works and is the reason some people turn to professional trustees in certain circumstances . Sure there are some cases where creditors can come after you.

Why did the bank have to provide information to Pam?

The bank acted illegally of course. They had to provide information to Pam because she was the legal agent for her father. She didn’t need to take on any additional liability. Once this was brought to the attention of the bank, they started to behave. Be careful of tricks like this.

What does "agent" mean in real estate?

As “agent” you can enter into business transactions as defined by the general or limited power of attorney. Usually that means you can buy and sell real estate, take on mortgages, sign contracts and obligate the “grantor” in many other ways.

What is a power of attorney responsible for?

But while someone with power of attorney is responsible for major decisions on your behalf — like where your belongings go after you die — there are some things they aren’t responsible for, including much of your debt.

What is a power of attorney?

A power of attorney isn’t a person, but rather a document that gives someone the power to act on your behalf in case you die or become incapacitated. You can name someone to make decisions for you when you can’t.

What is a financial power of attorney?

For instance: A service member is deployed overseas: A financial POA can manage a service member’s property and pay their bills while they’re away.

What happens if you co-sign a loan?

If you co-signed a loan or jointly took one out, you’re each responsible for the outstanding balance. “So, if one of you dies or is unable to pay, the entire amount is still owed,” says Rampenthal. They hold a joint account with you.

Can you have a POA with someone you have never met?

Appoint someone you trust: A POA shouldn’t be with someone you’ve never met. You should create a power of attorney with a lawyer, nurse, friend or relative with mutual trust. If you’ve only known someone a short time, you might not be working with someone who has your best interests in mind.

Who is responsible for paying off debts?

The executor is responsible for using estate assets to pay off debts, says attorney Chas Rampenthal, attorney assist segment leader at LegalZoom. “There’s an order of debt priority that’s generally the same in most jurisdictions,” he says.

Do spouses share debt?

In these states, spouses share equal responsibility for debts. “Under these state guidelines, spouse property is viewed as communal — both assets and debts — so you may be on the hook for debt after a loved one dies,” says Adem Selita, CEO and co-founder of The Debt Relief Company in New York City.

What is a power of attorney?

Powers of attorney are key estate planning documents. In the unfortunate event that you become unable to care for yourself, it is crucial that you grant a trusted party the authority to effectively make legal, financial, and medical decisions on your behalf. Through two key estate planning documents — the durable power of attorney and ...

Can you have multiple power of attorney?

Yes. You have the legal right to appoint multiple people as your power of attorney. You could even split your durable power of attorney and your medical power of attorney. The legal documents should state whether each agent has full, independent power or if they have to act jointly.

Can a doctor override a power of attorney?

Yes — but only in limited circumstances. If an advance medical directive is in place, the instructions in that document may override the decision of a power of attorney. Additionally, doctors may also refuse to honor a power of attorney’s decision if they believe that the agent is not acting in the best interest of the patient.

Do power of attorney have fiduciary duty?

Yes — but the agent always has a fiduciary duty to act in good faith. If your power of attorney is making such a change, it must be in your best interests. If they do not act in your interests, they are violating their duties.

Can a durable power of attorney make medical decisions?

Can a Durable Power of Attorney Make Medical Decisions? No. A durable power of attorney is generally for legal decision making and financial decision making. To allow a trusted person to make health care decisions, grant them medical power of attorney.

Can a power of attorney withdraw money from a bank account without authorization?

No — not without express authorization to do so. A person with power of attorney does not need to add their own name to the bank account. They already have the legal authority to withdraw money from your account to take care of your needs.

Can a person change their power of attorney?

Yes. A durable power of attorney is a flexible legal document. As long as a person is mentally competent, they can change — even revoke — power of attorney.

What is a power of attorney?

In a power of attorney, you name someone as your attorney-in-fact (or agent) to make financial decisions for you. The power gives your agent control over any assets held in your name alone. If a bank account is owned in your name alone, your attorney-in-fact will have access to it.

What happens to a power of attorney when you die?

Power of attorney dies with you. Once you pass away, the document is no longer valid and your will then controls what happens to your assets. Fund your revocable trust. If you fund your revocable trust during your lifetime, you may not need to use your power of attorney although you should still have one just in case.

What to do if your named agent dies before you?

Name an alternate. If your named agent dies before you or is incapacitated, you want to have a back-up who can act. Also, consider nominating a guardian and conservator in your power of attorney in case one is needed down the road. Read the document. This seems obvious, but clients often do not read their documents.

When is a durable power of attorney effective?

A durable power of attorney is effective when you sign it and survives your incapacity. A springing power of attorney springs into effect when you are incapacitated. A springing power of attorney seems more attractive to most people, but it is actually harder to use.

Is a power of attorney important?

People tend to focus their energies on their wills and trusts, naming someone to serve as their power of attorney at the last minute. This is an important decision and not one that should be taken lightly.

Can a financial agent access your funds?

The unfortunate answer is “yes. ”. Since he will have access to your financial accounts, he can access your funds and use them for his own benefit. The agent does have a fiduciary duty to use the assets only for your benefit or as you direct in the document.

Can a power of attorney change bank account?

Depending on the language of the power of attorney, your agent may be able to change the ownership of your bank accounts or change your beneficiary designations. This is a common scenario in second marriages.

What is a power of attorney?

What Is Power of Attorney? A legal term, power of attorney grants an individual known as the agent the right to act for another person, referred to as the principal. Depending on the case, a principal may appoint an agent to make decisions about their finances, legal rights, healthcare needs, or all of the above.

Who is appointed as executor of a will?

If the decedent failed to appoint an executor, the court will appoint one for them. In most cases, spouses and close family members are assigned the task of serving as a will’s executor.

What is the purpose of a last will and testament?

Choosing an Executor. Creating a last will and testament enables you to select someone to serve as executor. This person will be responsible for distributing your money and property according to the tenants of your will after your estate has gone through probate.

What can you do with a will?

By making a will, you can determine which property and belongings should go to your spouse, children, family, friends, and even pets. Additionally, you can request that sums of money be given to various charitable organizations or groups.

Who is Ryan Hodges?

Probate attorney Ryan Hodges is an experienced and highly regarded, and has helped hundreds of families navigate the probate process in Arizona. Contact our office below to get help with your case.

Can you freeze a person's bank account after death?

Individuals who hold power of attorney should note that banks and other financial institutions generally freeze a person’ s accounts upon their death. In other words, you will no longer be able to use your power of attorney rights if the principal is no longer living.

Do you have to pay off creditors before you can make distributions?

Note that your estate will still need to pay off creditors and settle any outstanding debts or tax bills before the executor can make distributions. By choosing an executor yourself, you also save friends and loved ones from having to make this decision after you’re no longer there.