Can a wife access a husband’s bank account after an accident which left him mentally impaired?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a wife access a husband’s bank account after an accident which left him mentally impaired?
The husband was in an accident which left him unable to make any decision (he has the mind of a 3 year old). He and his wife had separate bank accounts and no Will. The wife has used all of her money to live on since his accident which occurred about 2 months ago. Where can she go for help or what can she do legally to help her with finances?
Asked on August 9, 2011 North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the accounts are in separate names, then she does not automatically have a right to access his bank account, unless and only to the extent he had, while still mentally compentent, executed a power of attorney (POA) giving her that right. However, if she has already been declared his guardian, or is later declared his guardian, then she should be able to manage his finances and access his bank account. Since he will need a guardian anyway to make decisions for him, this is something she should do. The wife should contact her local family and probate (also known as surrogate's) courts--one or the other should deal with guardianships. They can explain to her the process, where and what to file, etc. Or, if funds permit, she should consult with an attorney to help her.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.