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.
Marriage does not automatically create a power of attorney. They have to specifically grant the rights.
Simply go to court and file a petition for power of attorney stating your wife's incapacity and showing documentation to that effect. Otherwise consult and attorney and he/she can file for you.
If you have lost your copy you can ask your attorney, your spouse's attorney or your spouse for a copy.If you have lost your copy you can ask your attorney, your spouse's attorney or your spouse for a copy.If you have lost your copy you can ask your attorney, your spouse's attorney or your spouse for a copy.If you have lost your copy you can ask your attorney, your spouse's attorney or your spouse for a copy.
A third party should notarize any documents.
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.
The parents have equal rights regarding the children since no other legal custody arrangement has been adjudicated. They are also still legally married and the spouses would have legal rights each for the other if there was a medical emergency or death. However, each separated spouse could execute a health proxy, living will and/or Durable Power of Attorney designating another person to make medical decisions for them in case they become legally incapacitated and unable to direct their own medical treatment. You should consult with an attorney who can review your situation and explain your options under your state law.
You can nominate several attorneys and specify the circumstances in which they act. For example, someone might nominate their spouse and children as attorneys, but they could specify that the spouse was to act alone unless the spouse required assistance as to making a decision, or if the decision has significant financial implications, or the spouse had become mentally incapacitated. Even then the donor (person making the LPA) could further specify that the children were to act together, or one solely. Given the cost of LPAs, it is best to, as you would in a Will, give a few options, and a solicitor would advise when making an LPA.
If your spouse has granted you the power of attorney. Otherwise it would not be valid.
Your spouse must execute a power of attorney that grants you the right to sign legal documents on their behalf. You need to consult with an attorney.
Consult a probate attorney immediately. A surviving spouse has preferred status and may be automatically eligible for a certain portion of the estate depending on how long she has been married to the decedent. Your attorney can help you claim what is yours.
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.