Ifmy wife signed off on a joint power of attorney to myself and her mom, didI relinquish all my rights as her husband?

Get Legal Help Today

 Secured with SHA-256 Encryption

Ifmy wife signed off on a joint power of attorney to myself and her mom, didI relinquish all my rights as her husband?

Asked on August 11, 2011 California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your wife gave you and her mother a joint power of attorney over her and her assets, you did relinquish all rights and say as her husband. What was given in all likelihood was a "springing power of attorney" to you and your wife's mother to make decisions for her concerning medical assistance and her financial assets if for some unfortunate event such as a major accident, she could not make decisions for herself.

Such powers to make decisions for your wife by you and her mother would "spring", or come about upon the happening of an event, typically a life threatening one.

The joint power of attorney should state specifically when the powers are activated and the scope of the powers.

Your marital rights as your spouse's husband remain under California law.

 


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption