QUESTION
How do you shut off accounts that are in your spouse's name if they become incapacitated?
Asked on May 05th, 2014 on Estate Planning - Michigan
More details to this question:
My wife became mentally incapacitated. We have a few accounts that we no longer need services for like internet, music services, etc. How can I get them shut off?
12 ANSWERS
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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If you have power of attorney for your wife, you can cancel these services. If not, I would first call these companies and see if they will let you do it cancel as her spouse. If that does not work, then you may need to get a guardianship of her in order to act on her behalf regarding these services or any other matter that you need to take care of her.
Answered on May 14th, 2014 at 10:26 AM
If you have a power of attorney, you could show it to the account holders and shut down the accounts. If not, you may need to be appointed as her guardian and do it through the guardianship.
Answered on May 07th, 2014 at 11:24 AM
3 Awards
Do you have a power of attorney? If so, call and get information to provide written notice if necessary. If not or if they will not comply, you may need to purse a legal guardianship, especially if other types of decisions are necessary, i.e., health care.
Answered on May 06th, 2014 at 8:43 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Call up the vendor and request their termination; you are the husband and have equal authority to manage the accounts of the household.
Answered on May 06th, 2014 at 8:17 PM
As her husband, you should be able to contact each company and close the accounts. If they refuse, you may need to be named your wife's guardian which will give you the legal authority to act on her behalf.
Answered on May 06th, 2014 at 6:32 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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CALL THE SERVICE PROVIDERS.. TELL THEM TO SHUT THEM OFF.
Answered on May 06th, 2014 at 6:20 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If you have power of attorney for your wife, that should suffice. If not, at some point you may need to get guardianship or conservatorship for her, and then you'd have authority. (These little accounts aren't sufficient reason by themselves to get guardianship, though). Maybe she can help a little, just to get on the phone and tell the account people they can talk to you?
Answered on May 06th, 2014 at 5:53 PM
Edwin K. Niles
Write to each of them.
Answered on May 06th, 2014 at 5:53 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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If there is no court appointed guardian for you wife or there is no agent appointed under a Power of attorney for Property there is no one with the proper authority to act on behalf of your wife. If she has any accounts or other assets that are only in her name then such accounts or assets cannot be dealt with and a guardianship should be opened so such assets are available for use for her benefit. If your wife gave you the passwords allowing you to access and manage the services you could use the password to terminate the service. Otherwise you must contact the service, preferably in writing, and terminate the account. If the services are automatically paid through a credit card or bank account then terminate the payment arrangement with the financial institution. Unfortunately, attempting to terminate the service that is in your wife's name without the legal authority to act on her behalf may not be honored by the service and they could continue to attempt to charge your wife for the service.
Answered on May 06th, 2014 at 5:26 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It depends on how the accounts are set up and whether or not you have estate planning documents in place. If you have a power of attorney in place, you would simply provide a copy of that to whoever you need to deal with and that should take care of everything. If you do not have a POA in place, hopefully, whoever you need to deal with will agree to work with you. If they do not, you may need to petition the probate court to become your wife's guardian and conservator. That is an expensive prospect and it is a major hassle, as well.
Answered on May 06th, 2014 at 5:18 PM
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Send a letter to shut them off along with a power of attorney or letters for a conservatorship. If you have a trust, that might work to give you legal authority as well.
Answered on May 06th, 2014 at 5:17 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Call or send a notice with the bill discontinuing service.
Answered on May 06th, 2014 at 5:09 PM