Legal Question in Wills and Trusts in Pennsylvania
power of attorney
Prior to our marriage, my spouse had a Power of Attorney drawn up naming his sister as power of attorney. Now that we are married does a spouse override that, or in the event that my husband is incapacitated, would she control his interests? My husband has not added me to any accounts (checking, savings etc.)How can I protect myself financially (as far as handling mortgage bills etc), if I am not on any of the accounts? Thank you.
1 Answer from Attorneys
Re: power of attorney
If your husband has a durable power of attorney, durable meaning it continues even if he becomes incapacitated, the agent, his sister, will be in charge of handling his affairs as listed in the power of attorney; ie. financial or health care. This will override you as the spouse. She will be able to control his accounts. If your husband no longer wants that to be the situation, and he still has capacity to sign a new power of attorney, I would suggest that he revokes the old power of attorney and have an attorney draft a new power of attorney making you the agent.
If you have additional questions, please feel free to contact me. 412.731.0865. I do give free intial consultations and would enjoy speaking with you.
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