Power of attorney is an important document and strategy in which you enable another person and agent to make decisions or take actions on your behalf if you are unable to do so for a range of reasons. In the context of marriage, many couples may wonder whether their spouse automatically receives power of attorney over the other spouse’s affairs or whether you need to meet with a Pasadena state planning lawyer to discuss creating a power of attorney. In California, the idea of an automatic power of attorney is a misconception that requires further clarification.
Marriage does not automatically give your spouse power of attorney rights. Although marriage does formally establish a legal relationship with certain responsibilities and rights for each spouse, it does not automatically give the other party authority over your health care and financial decisions without additional planning. Couples who wish to ensure that the other person has this authority need to create a power of attorney document. This is crucial in the case of both health care and finances but is especially important when it relates to financial power of attorney.
Durable powers of attorney documents stay valid even if a principal becomes incapacitated, which is extremely important if the spouse in question is unable to make decisions due to incapacity, injury, or illness. Additional tasks managed under a power of attorney can include things such as managing investments, handling bank accounts, selling property, or paying bills.
Without a power of attorney, your spouse may not have the automatic right to control or access the other spouse’s financial affairs. Working with an experienced attorney in the Pasadena area will give you further clarification about the steps you need to take for proper planning.
