When setting up a power of attorney for married parents are they automatically first or do they need to be named?

Question

Do they need to be named first on poa forms or is it a given since they are married?

Edward Armstrong · Answer

When setting up a power of attorney for anyone, the attorney in fact (i.e., the agent named) must actually be named in the document.  So if you are helping your parents, each parent may designate, in writing, the name of  the person they wish to act for them under the power.

Charles Perry · Answer

It is not a "given" that a spouse has a "first" power of attorney,   although the spouse does retain his or her rights to manage and spend   the community property.  Any power of attorney in favor of one spouse   else simply allows the named person to "step into" the rights of the   person granting the power.  It does not diminish the rights of others.  An example of how this could work:  Husband gives a power of attorney   to Son.  Wife still can spend and control the community property and   her separate property.  Son, on behalf of Husband, will have joint   control over the community property, and sole control over Husband's   separate property.  Of course Husband still has all his rights as well.

Monica H. Donaldson Stewart · Answer

There is no "assumption" that a spouse will be the primary Agent, so if this is the intention, then each spouse should name the other as their Agent, and then name at least one alternate and/or successor in case the spouse is unable to serve.

Shadi Ala'i AlaiShaffer · Answer

You must name spouses as they do not have an automatic legal right to sign on behalf of each other.  They don't have to name each other but can if they want; they can appoint who they choose.

Victor Waid · Answer

Since I do not know what form you are looking at, as there are many forms for power of attorney, I strongly suggest you obtain the services of a estate planning lawyer to prepare a proper POA form for your parents.

Jayne Sebby · Answer

It's best to name the spouse first.  Generally, health care providers will ascertain the wishes of the most immediate family member(s) present.  But in a crisis or at a location away from home, a POA naming the spouse will confirm who has the final authority to make important decisions.

William Wilson · Answer

You will need to identify who has the power of attorney. There is no presumption.

Norman Green · Answer

A married person, like anybody else, can name whoever her she wants as attorney-in-fact.  Nothing "automatic" about it.

John Brennan · Answer

It is not a given and they should be named in any power of attorney.

William R. Pelger · Answer

The parents do not have to be first agent for each other but  that is the usual practice. The child or other person is then usually second agent in the event the first agent is unable or unwilling to perform. If you wish, the power can go directly to someone else as first agent. In any case, no power is assumed because of their marital status and must be authorized in writing. Hope this helps.

Phillip Day · Answer

They need to be named If that is what you want.

Dara J. Goldsmith · Answer

Each attorney in fact needs to be named, in order, be it a spouse, parent, sibling, child, friends, etc.

James Oberholtzer · Answer

They need to be named.

James Frederick · Answer

Hello~ There are no "givens" in estate planning. You would need to name each other in order to give each other authority to act. You should also name at least one alternate in case neither one of you are able to act.

Rick Lee Denker · Answer

They will need to be specifically named and each parent should have their own durable power of attorney.

Mark T. Peters · Answer

I am not sure what you mean. If you mean a Durable Power of Attorney for Medical Decisions, then it is always a good idea to name the first, second and, if available, third alternatives.  Normally, the wife can make a decision for the husband and vice versa without the POA.  However, what if the spouse is not available, e.g. also injured or on a trip out of the country, when somebody needs to make a decision? Name everybody and the order in which they will be called on  to make the decision.

Brooke Ashton · Answer

They definitely need to be named. Just being a spouse does not give someone a power of attorney.

Gregory Herman-Giddens · Answer

It is not automatic.

Edwin Fee · Answer

They must be named.

Jeffrey Gottlieb · Answer

Need to be named. A person can name someone other than their spouse.

Darin Christensen · Answer

If they want to be first, they need to be named first. It is not automatic.

Jon Zahaby · Answer

They need to be specifically named.

Andrew Byers · Answer

They need to be named.

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When setting up a power of attorney for married parents are they automatically first or do they need to be named?

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