My husband suffers with huntington's disease and unfortunately may have to go into long-term care. He receives a military pension and I don't know whether I should have gone for power of attorney before this stage in order that the pension continues to be paid into our joint account. It all seems so confusing and was wondering if anyone had experienced much the same. Thank you
2007-06-24 23:22:11 · 21 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
The pension will continue to go into your joint account until he passes away. Then, if he has opted to continue his pension after his death, it will continue to go to you. However, power of attorney is more complicated and deals with much more than money. It's very inexpensive to obtain power of attorney papers. Consult a paralegal about this. It's not necessary to consult an expensive lawyer. He needs to sign the papers while he still can.
2007-06-24 23:27:18 · answer #1 · answered by Elaine P...is for Poetry 7 · 0⤊ 0⤋
No, you don't have power of attorney. As it is a joint account pension will still be paid in and you have access tot it too - as ever.
However if you were to sell the house (if it's joint) or there were other papers he needed to sign, you would need to have power of Attorney for that.
Added: sorry forgot to say that is UK! If you did not have power of attorney The Court of Protection would deal with hubby's affairs. That is a route best avoided if possible, just a lot more paperwork and red tape!
Any solicitor can do this., you can then act on your husband's behalf.
My hubby was forces 26 years and our solicitor has his POA, seemed a wise move in case anything happened to him and he was incapacitated.He works overseas now. We weren't married at the time or I would have it, as things are now I will be doing the same soon too as I have MS.
You can't even get any sense out of utility companies if the bill is in their name!
We bought a house, my hubby never physically signed one piece of paper,he was away 8 months, solicitor did it all including motgage!!
2007-06-24 23:45:24 · answer #2 · answered by groovymaude 6 · 0⤊ 0⤋
The two previous answers were very sound in the description and why it is a good idea. I will probably be unpopular for my stance against Power of Attorney being given before a health or other issue makes it necessary. I am not for having a standing order of Power Of Attorney. I do have a living will.
2016-05-19 22:15:29 · answer #3 · answered by sherlyn 3 · 0⤊ 0⤋
The pension should still go to your account...the location of where the money goes won't change unless you tell them to change it.
You DO need to get the power of attorney changed over to you. I am pretty sure this is not automatic because you are married. If he became incompacitated than you could file for POA in court but try to get that ball rolling now the easy way with him signing it. Forms are available on the site of the branch of the military your husband is in for free. Download, print and have him sign it -bring a notary if possible or have someone you know who is a notary notarize it later...
2007-06-24 23:32:51 · answer #4 · answered by GivingitMyBest 2 · 0⤊ 0⤋
You need to talk to a lawyer.Especially if he is very I'll.I see everyone says you automatically have power of attorney but that is not always the case.So call a lawyer and ask before you go any further.
2007-06-24 23:32:29 · answer #5 · answered by Dixie 6 · 0⤊ 0⤋
The answer is definitely not automatically but you should not have any difficulty if you seek Power of attorney now in your predicament. Hope things work out without to much hassle for you. Best wishes.
2007-06-24 23:28:54 · answer #6 · answered by Confusus 2 · 1⤊ 0⤋
No you do not have power of attorney, you have to go through court to get it, you cannot sign you spouses name...If he gets a military pension, does he still get any benefits maybe you could go to the jag office to get it, it takes them like 3 min. they do them so often.
You can get a general one or you can get it for a specific purpose, but you will have a document and most places will want a copy of it and then when you are able to sign for him you will sign you name and then put POA and sign his name.
2007-06-24 23:32:01 · answer #7 · answered by cynical girl 2 · 1⤊ 0⤋
well, you should see a solictitor and sort this out, youll probably get a lot of paper work before this to bring to th solicitor.But anyway a spouse does have power of a attorney only if you have been told that you do not have power.
2007-06-25 05:04:08 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Are you his carer or hasnt he developed the condition enough yet? I believe so if you live with him then I'm sure you are entitled to something. Go seek legal advice if you're not sure. He may have to live at home and just have respite care which means you'll receive benefits for you both. Dont just think he might have to be sent away he is your partner and you love him nonetheless.
2007-06-24 23:30:54 · answer #9 · answered by a beautiful lie 6 · 0⤊ 0⤋
I believe the spouse does automatically have power of attorney
2007-06-24 23:25:02 · answer #10 · answered by The Princess 4 · 0⤊ 1⤋