Most people select their spouse, a relative, or a close friend to be their power of attorney. But you can name anyone you want: Remember that selecting a power of attorney is not about choosing the person closest to you, but rather the one who can represent your wishes the best. The key is that you trust the person completely.
Full Answer
What is a durable power of attorney for health care?
Nov 11, 2014 · share. By Robert H. Gillespie, LMSW, Social Worker. Regardless of marital status and health/medical condition, it is advisable for all individuals 18 years of age and older to have a durable power of attorney for health care (DPAH). By definition, a durable power of attorney for health care is a binding, legal agreement one signs so that in the event he/she is unable to …
Do I need a durable power of attorney for my spouse?
Further, one spouse cannot access, control, or sell assets owned solely by the other spouse. This can cause significant issues when one spouse is incapacitated, and the other spouse needs maximum flexibility in order to provide for the care of both. Without a financial power of attorney in place, your spouse or other family members may need to seek judicial appointment of a …
Should I appoint my spouse as an attorney-in-fact?
For the majority of matters, yes. While spouses do gain some rights in a marriage, they don’t supersede the power of attorney. You should appoint your spouse and have them choose you as a power of attorney agent to take care of each other's assets and affairs.
Does a spouse automatically have medical power of attorney in Arizona?
Most people select their spouse, a relative, or a close friend to be their power of attorney. But you can name anyone you want: Remember that selecting a power of attorney is not about choosing the person closest to you, but rather the one who can represent your wishes the best. The key is that you trust the person completely.
What happens if you don't have a power of attorney?
If you become incapacitated and don’t have a power of attorney document, the court has to decide who gets to act on your behalf. Unless you choose them as your agent, your spouse will have little to no say in the decision-making process about your health and finances.
What rights do you have when you get married?
Spousal rights can vary from one state to another, but in most states, married couples have the right to: Open joint bank accounts. File joint federal and state tax returns.
How to choose a power of attorney?
When choosing your power of attorney, talk to the person you are considering. Be sure that they feel they could serve in this capacity. Encourage the person to be honest.
What is a power of attorney?
Regardless of the name, a power of attorney is someone you choose to make health and medical decisions for you if you're unable to make them for yourself. 1. For most people, having this person in place to make medical decisions when they are no longer able to do so can bring peace of mind. Some people choose to designate a power ...
Who is Sherri Gordon?
Sherri Gordon is a published author and a bullying prevention expert. Cristian Zanartu, MD, is a licensed board-certified internist who has worked for over five years in pain and palliative medicine. One of the most important healthcare decisions you will make is choosing your power of attorney.
Can you designate a power of attorney?
But really, you can designate your power of attorney anytime you want. You simply need to have an attorney draw up the paperwork. You also can specify when the duties of the power of attorney begin to take effect.
What is a durable power of attorney?
A durable power of attorney (POA) is a power of attorney given by one spouse to the other and allows the other spouse to handle certain business or monetary activities and/or medical decisions as detailed in the agreement.
Can a married couple have a will?
Married couples will often have legal estate documents prepared together. Such documents may include a will, leaving all property to the surviving spouse and/or the couple’s children, and a living will to direct the spouse how to handle medical issues if one spouse becomes incapacitated. However, another estate document may be beneficial ...
What does "durable" mean in a power of attorney?
Durable means that it remains in effect if your spouse becomes incapacitated. A non-durable financial power of attorney actually terminates if your spouse becomes incapacitated. You can obtain an appropriate durable financial power of attorney from a bank or other financial institution.
Who is Mike Broemmel?
Mike Broemmel began writing in 1982. He is an author/lecturer with two novels on the market internationally, "The Shadow Cast" and "The Miller Moth.". Broemmel served on the staff of the White House Office of Media Relations.
Protection of Assets
In the event one spouse becomes incapacitated in some form or another via accident, aging or terminal illness, bills are still able to be paid from joint accounts. The conflict arises from the ability to sell joint assets such as homes and cars when the titles are held in both names, or the other incapacitated spouse’s name. …
Durable Power of Attorney
- All that means is that the power of attorney persists unto death. There is usually one for finances and a separate one for medical decisions. This is beneficial even if the spouse makes a full recovery. They can be revoked at any time, but it is much more difficult to have put in place when the incapacitated spouse is unable to initiate the legal documentation. This is because a judge …
Alternative Solution
- One other consideration that you may want to look at is the ability to name a separate power of attorney. If you feel your spouse may not be the best person to represent your interests, you may choose another family member and in some instances, a guardianshipwith court supervision can protect your assets and medical decisions if you think your family will resort to fighting.
Widerman Malek Attorneys
- If you have any questions regarding power of attorney or any other legal matters, our attorneys at Widerman Malek would be happy to help. Contact ustoday to see how we can help you.
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