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Fancicoffee7 Asked December 2013

What is the importance of Power of Attorney if I am his wife?

How do I go about getting one? He is a Korean War Veteran and he does have children near my age, but they are very nice and helpful. What are the advantages of a POA?

EXPERT Carol Bradley Bursack, CDSGF Dec 2013
Even if you're married, there may be issues that demand both of your signatures. If your husband can't sign, you’ll need to sign for him. That’s what the POA is for.

It's very important that you do this. Yes, his children could complicate the issue, but that isn't the only reason. Being a spouse doesn't give you the right to get his healthcare information (yes, it used to, but since HIPAA which has been in effect for healthcare privacy for years). So, you need a Power Of Attorney for healthcare (health directive) and a POA for financial decisions in order to do the best for your husband. You should see an estate attorney or an elder law attorney to have these papers drawn up. They aren't terribly complicated. You may want to take someone with you for support.

Another thing to think about is that you, yourself, should appoint a POA for you. If your husband is too ill, you may want a sibling or even one of his children if you are that close. As an adult, you need someone who can speak for you if you can't speak for yourself.

Take care,
Carol

lsmiami Dec 2013
Thanks Carol, I learned something.

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Fancicoffee7 Dec 2013
Thanks alot! I've got a person in mind that can help me.

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