Power of Attorney Between a Husband & Wife

A husband or wife can execute powers of attorney and appoint the spouse as his or her attorney-in-fact. This is very common due to the trust placed for other activities, such as finances and child raising.

Definition

A power of attorney, a legal document signed by the principal giving another the authority to carry out tasks on his behalf, is designed to protect the principal’s interests. The person receiving authority should be a responsible person.

Types

The most common types are durable general, limited or specific, and healthcare. Any of these can be executed between a husband and a wife.

Signature

A power of attorney must be signed by or at the direction of a mentally competent person, over the age of 18, in the presence of two witnesses and a Notary Public.

Durable General Power of Attorney

This gives the agent the power to do anything the principal can do, except signing a last will and testament or living will.

Specific or Limited Power of Attorney

This is used for a specific act or for a limited time period, such as in real-estate transactions. The appointment is terminated after a stated time period—usually 30 days.

Healthcare Power of Attorney

Signed by the principal, this appoints an agent or attorney-in-fact to make healthcare decisions for the principal in case he is unable to voice his wishes due to mental or physical inability.

References

• "Administration of Wills, Trusts, and Estates"; Gordon Brown and Scott Myers; 2009.