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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.

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9y ago
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9y ago

A spouse does not automatically have a power of attorney. It has to be a specific document.

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Q: Is a spouse automatically a power of attorney if you become incapacitated?
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Is it legal to sign for a spouse on financial documents if the spouse is unable?

You need to have a Durable Power of Attorney or you must be the court appointed guardian or conservator in order to sign a binding legal document on behalf of your incapacitated spouse.


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What are some situtations a p-o-a might be needed?

If a spouse is on active duty and the couple is buying or selling a home, the spouse on active duty (the principal) can execute a Power of Attorney that names their spouse as their attorney in fact. The AIF could sign any documents related to the sale in the name of the absent spouse.An elderly person might name someone such as a trusted child, grandchild or friend as their AIF to pay their bills keep track of their investments and do their banking for them. The AIF could sign the principal's name on any legal document (except a will).A Durable Power of Attorney would remain effective even if the principal was to become ill or incapacitated. Any POA is extinguished upon the death of the principal.


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

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

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