Legal Question in Wills and Trusts in California

If I give someone power of attorney (either for health or financial matters), does that mean my spouse can no longer deal with those things on my behalf? Is the right to do so taken away from them?


Asked on 12/08/09, 9:57 pm

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

The person is given the same powers as you would have. So that person should be able to overrule your spouse. You can re-draw the power of attorney to state that it is only effective if your spouse can not make the decision or can not be located after a reasonable attmept to find them.

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Answered on 12/14/09, 8:52 am
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

I agree with George. The power of attorney should make clear that your spouse is first in line to make decisions and exercise whatever powers you are giving, and that the other person only gets to do so if your spouse cannot.

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Answered on 12/14/09, 11:15 am


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