Do Spouses Need POA for Each Other

[Artbuc]

Jurisdiction

Pennsylvania

I have read that it is advisable for spouses to be general durable POA agents for each other. This would be particularly helpful if one needs to sell real estate when the other is incapacitated. It makes sense to me especially if it would avoid a guardianship process. Do you agree?

I also read that it is advisable to give the county deed office a copy of the POA. Do you think that is necessary?

 

[flyingron]

It's not a bad idea. My wife and I have both durable and medical POAs, Advance Medical Directives, Trusts, and Wills. Our attorney put the whole thing together as one package which is typical.

 

[zddoodah]

I have read that it is advisable for spouses to be general durable POA agents for each other. This would be particularly helpful if one needs to sell real estate when the other is incapacitated. It makes sense to me especially if it would avoid a guardianship process. Do you agree?

Depends on the specific facts of each situation and the applicable state law. I therefore neither agree nor disagree.

I also read that it is advisable to give the county deed office a copy of the POA. Do you think that is necessary?

No.

 

[Artbuc]

I am 74, wife is 71. Have been married 49 years, no children, no debt, good health, jointly own house and cars free and clear. Get along well and trust each other. Planning for a situation where one becomes incapacitated (stroke, dementia, etc) and the other needs to sell house, liquidate other financial assets that are jointly owned. With these facts, would you agree that general, durable POA's where each of us is agent for the other is a good idea? We live in PA.

 

[zddoodah]

Sounds like you'd be well-advised to consult with an estate planning attorney and, possibly to create a trust, pour-over wills, "living wills," and possibly other documents.

 

[Artbuc]

We have all of those docs already.

Sounds like you'd be well-advised to consult with an estate planning attorney and, possibly to create a trust, pour-over wills, "living wills," and possibly other documents.

 

[zddoodah]

If there's something else you think you might want, then you should consult with the attorney who created your estate planning documents about why you think you want/need it and whether it's already part of your plan.

For example, you previously wrote that you are "[p]lanning for a situation where one becomes incapacitated (stroke, dementia, etc) and the other needs to sell house, liquidate other financial assets that are jointly owned."

If you have a trust and your house has been transferred into the trust, then the death or incapacity of one of you shouldn't be a problem because the matter should already be covered in the trust. I don't know what "other financial assets" you're concerned with, but you would want to discuss those assets with the attorney and ask whether they ought to be put in the name of the trust.

 

[Artbuc]

We do not have a trust. Other financial assets are just CD's, IRA's, stocks, etc. Nothing complicated. Main concern is selling house.

 

[flyingron]

We do not have a trust. Other financial assets are just CD's, IRA's, stocks, etc. Nothing complicated. Main concern is selling house.

Selling the house under what circumstances?

Note that the POA allows the attorney-in-fact to act but doesn't guarantee that the person you will deal with will accept that.

 

[zddoodah]

We do not have a trust.

In post #5 in this thread, I wrote that it sounds "like you'd be well-advised to consult with an estate planning attorney and, possibly to create a trust, pour-over wills, "living wills," and possibly other documents."

In post #6, you responded to me by saying, "We have all of those docs already."

I then took the time to write post #7, which was premised on your statement being true. Now you're telling me that you provided false information.

Sigh....

A trust will likely solve your concerns. Consult with a local attorney about possibly having one created.

 

[army judge]

I have read that it is advisable for spouses to be general durable POA agents for each other.

The answer is determined in which US State or Territory the parties reside.

Once you've identified the state/territory of residence, the question is readily answered.