Written by Benjamin Kingsley

Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.

Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.

In general, a spouse does not automatically have more power than an agent designated through a power of attorney (POA). The authority granted by a POA is determined by the specific terms outlined in the document, regardless of the agent’s relationship to the principal. However, there are several important factors to consider when comparing the powers of a spouse versus an agent with POA:

First, it is crucial to understand that a validly executed power of attorney grants the designated agent specific legal authority to act on behalf of the principal. This authority can be broad or limited, depending on how the POA is written. The agent’s powers are explicitly defined in the document and can include managing finances, making healthcare decisions, or handling other personal affairs.

On the other hand, a spouse may have certain inherent rights and responsibilities by virtue of the marital relationship. These rights can vary depending on state laws and may include the ability to make medical decisions in emergencies, access to joint financial accounts, or authority over shared property. However, these spousal rights do not automatically supersede a properly executed power of attorney.

In some cases, a spouse may be named as the agent in a power of attorney, which would combine their spousal rights with the specific powers granted by the POA. This arrangement can provide a spouse with comprehensive authority to act on behalf of their incapacitated partner. However, if the principal has chosen to designate someone other than their spouse as their agent, that decision generally takes precedence.

It is important to note that in situations where there is a conflict between a spouse’s wishes and the actions of an agent with POA, the matter may need to be resolved through legal channels. Courts typically give significant weight to the principal’s expressed wishes as documented in a valid power of attorney. However, they may also consider other factors, such as the best interests of the principal and any evidence of abuse or misuse of the POA.

In conclusion, while a spouse may have certain rights by virtue of the marital relationship, these do not inherently override the authority granted to an agent through a valid power of attorney. The specific powers and limitations outlined in the POA document, as well as applicable state laws, will ultimately determine the extent of an agent’s authority, regardless of their relationship to the principal.

Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.

Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.