Can I take money from my husband’s accounts to pay his rent if we are separated and he is medically incapacitated?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I take money from my husband’s accounts to pay his rent if we are separated and he is medically incapacitated?

My husband had a massive stroke. We have been separated for over 2 years but not legally. We have no living Will and no power of attorney on file. Now he has gotten an eviction notice (I am not on the lease). Can I pay his rent from his money?

Asked on July 11, 2011 under Family Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is not clear that you can do this. If the money is in a joint bank account or other joint account (e.g. joint brokerage account), you can do access and use it. However, if it is his own account over which you are not an owner or a signatory, then you would have no legal power to access it without either a power of attorney or being appointed his guardian. Note that even if you are not on the lease, you can pay from your own funds, if you want, to avoid eviction. While doing that, if he is incapacitated, you may wish to seek the appointment of a guardian, whether yourself or another person, to take care of his financial affairs. You should seek the advice of a trusts and estates attorney, if possible, to advise you and guide you as to your best course  of action.


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