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Kirbee Asked March 2016

Do I need a financial power of attorney for my husband?

The only thing that isn't is our cars.all of our assets are held jointly.

scared01 Mar 2016
I did a quit claim deed for the house. Like I said everyone's situation is different and varies state to state. I researched this to no end and found a cheaper way to go. The house will be on the market within a few weeks and that money will go into my Dads and my account to help pay for care. At $3,000.00 + a month will help. Mother's investments have been paid out to me as an inheritance. No inheritance taxes in AZ.

freqflyer Mar 2016
Scared01, maybe that is allowed in your State, but where I live I got the services of an Elder Law Attorney to handle all the paperwork for myself and that of my parents. The number of papers just for my parents was thick enough to place into a notebook, and that is without a Trust being part of the equation.

Now I am in the process of having my Dad place all his investments, including the house, into a Trust to help me not having to go through all the hoops of probate, court hearings, and lots of fees when he should pass.

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scared01 Mar 2016
You don't need an attorney, call your financial services and they will give you the correct steps to follow. Although, you do need a DURABLE power of Attorney. In AZ. Durable POA did not cover financial, so I had my name added to their checking and savings with their consent.

Terry512 Mar 2016
Whenever a spouse starts having issues that the other spouse has to handle for them, ALL paperwork should be done even if you need to get an elder care attorney to help. There will come a time in most people's lives that you will need to sign for them or make decisions. While both of you are still healthy with all faculties still operating fine, go to an elder care attorney and sign papers that make either one of you the caretaker of the other in case the mental health of one suddenly changes, the other is ready to take over and do what is necessary financially, emotionally or legally. If you are unsure of that's person's reasons for doing something, have a third person to sign off on making critical decisions. This way, you are protected as much as the other spouse.

notrydoyoda Mar 2016
Also, I believe any changes in jointly invested stocks need the signature of the primary owner of the investments. If some changes need to be made and he can't sign if he's the primary owner, then I believe having POA for him may help in that case. I ran into this issue with some investments that my mother and I owned jointly, but she was the primary owner of. Fortunately, she was still able to sign things herself when we needed to make some changes in how the money was invested.

notrydoyoda Mar 2016
I think you will in order to legally sign his name on your joint tax returns. Unless you are his durable POA, you don't have the legal right to sign his name in his behalf if and when he is not able to sign for himself.

IDEric Mar 2016
It depends on the state. However, in most areas that I am aware, you do not need a financial POA (conservator) for your husband. Best to consult an elder law attorney. This is something they could answer over the phone and most likely without charging you.

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