My best friend's husband was in an accident and on a respirator and nonresponsive. For some odd reason they were not on each other's bank accounts and she needs to have access to his accounts to pay his bills. Does she need to consult a lawyer to get power of attorney to handle his finances?
2006-10-31 10:30:10 · 7 answers · asked by Nikki M 2 in Politics & Government ➔ Law & Ethics
Sorry to all who previously tried to answer. You are all, shall we say, off the mark a bit.
NO ONE may sign your name or access your private accounts without proper documentation. Even a husband who maintains a (single signature) checking account cannot have his wife sign a check.
Ex: When one of a married couple goes overseas for military duty, especially ina combat zone, the military suggests that the spouse who is remaining at home secure "Power of Attorney" in the unfortunate event of death or injury of the serviceperson. If Power of Attorney is not secured through the proper means, then one spouse cannot access any propert of the other.
The same would hold true of parents and children when it comes to Nursing homes and long term medical care.
2006-10-31 10:45:55 · answer #1 · answered by Len_NJ 3 · 0⤊ 0⤋
Go on: Lawdepot.com. They will answer many questions and you can draw-up most any kind of paper on that site and print out the forms. I had a situation where I needed to make someone power of attorney and that's how I got it. All you have to do is get it notarized.
2006-10-31 11:13:04 · answer #2 · answered by Nancy D 7 · 0⤊ 0⤋
Depending on the state, probably yes, and she will most likely have to be appointed by the court as a guardian if the court will appoint her. Some will not appoint a family member, it has to be a disinterested 3rd party as guardian ad litem. This is why it is important to discuss and plan for the unexpected before it happens.
2006-10-31 10:36:20 · answer #3 · answered by Mary T 2 · 0⤊ 0⤋
YES power of attorney cost about $200. but he needs to be able to put his name on paper work, if he can't she can't get it.
If he is able to call bank he may be able to do it that way, Ask bank first..
2006-10-31 10:39:00 · answer #4 · answered by larry B 4 · 0⤊ 0⤋
I don't believe so if they are leagally married. She should be his power of attourny by default. I'm not sure how she would go about doing it though.
2006-10-31 10:32:20 · answer #5 · answered by Kelly H 2 · 0⤊ 0⤋
See an attorney.
Have it notarized.
File it with the county clerk.
2006-10-31 10:35:24 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Yep.
2006-10-31 10:32:05 · answer #7 · answered by gabluesmanxlt 5 · 0⤊ 0⤋