Do I Need a POA Over My Spouse?

The short answer: Yes.

Everyone needs to have a durable power of attorney (aka "POA") drawn up and effective just in case something happens. This is also true for spouses.

There are many things involving only one spouse where the other spouse would need a durable power of attorney to act on their spouse's behalf.

Think Social Security, car registration if in the name of one spouse, retirement accounts if in the name of one spouse, making a legal claim on behalf of an incapacitated spouse are all good reasons why even married couples need an estate plan that includes a durable power of attorney so that your other half can act for you.

So, what happens if you need a power of attorney over your spouse and he or she is already incapacitated? How do you get one? The answer: you don't. You have to petition the court to become your spouse's conservator and be subject to fees and costs plus court reporting requirements.

Estate planning is all about just-in-case scenarios. Sort of the same reason why you keep band aids (and for those who are really prepared, a fully stocked first aid kit) at home -- just-in-case someone gets a minor cut or other injury.