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A power of attorney will grant the spouse the authority to make decisions in the event the other spouse is unable to.In the event your spouse does not have a power of attorney, the process to have the necessary authority is long, expensive and arduous.
Can I get power of attorney without consent of the donor? No! This is similar to the situation of someone having lost their mental capacity. If someone is lacking in mental capacity, they can't make a valid decision to appoint you as attorney.
In its legal application, a military power of attorney doesn't differ from a POA that a civilian would execute, except that the signature of the principal, or person executing the document, must be notarized by either a military lawyer known as a Judge Advocate General (JAG) or another person authorized by the
The principal's power of attorney only authorizes the designated agent to act on behalf of the principalnot anyone else. The agent cannot act on behalf of the principal's spouse, and the spouse does not have the power to terminate or modify the principal's POA.
In order to establish POA you need to contact your base or unit's legal assistance attorney or JAG unit. If you have no idea where that is or how to get in touch with them then check out the Military Installations website.
Clients frequently ask why Powers of Attorney are necessary for married couples. It is a common misconception that your spouse will be able to handle everything on your behalf, should you become incapacitated.If you and your spouse own property jointly, your spouse will not be able to sell or transfer the property.
If your parent is already mentally incapacitated but hasn't granted Power of Attorney to you in a Living Will, you'll need to go before a judge to obtain conservatorship (or an adult guardianship). A conservatorship will grant you the right to make medical and financial decisions on your parent's behalf.