What happens if your spouse never signed a power of attorney? The next step generally depends on whether your spouse still has the legal capacity to understand and sign the document.
If your spouse understands what the power of attorney does, the authority it grants, and the consequences of signing it, contact a qualified elder-law or estate-planning attorney immediately. The appropriate documents may still be prepared while your spouse has capacity.
If your spouse can no longer understand what they are signing, creating a valid power of attorney may no longer be possible. You may need to petition a court for guardianship or conservatorship to obtain authority to manage their finances or property. The terminology, legal requirements, costs, and court process vary by state.
The Consumer Financial Protection Bureau explains that an agent named under a power of attorney and a court-appointed guardian or conservator are different legal roles for managing someone else’s money. CFPB financial caregiver guidance
Do not sign your spouse’s name, move individually owned assets, or access private accounts without proper authorization. Consult an attorney promptly to determine which options are available in your state.
This content is for general educational purposes and is not individualized legal or financial advice.
If this is your first time with me, I’m Elizabeth.
I’ve been working with retirees and hopeful retirees for almost 20 years – helping individuals and families make confident financial decisions so they can focus on living the life they’ve worked so hard to build. My focus is retirement income planning, helping people transition from saving for retirement to creating predictable, sustainable income throughout retirement.
