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5. Married Couples and Power of Attorney
You should not assume your spouse will automatically be legally allowed to manage your finances if you are unable to do so. Your spouse does have some rights over property you own together, such as joint bank accounts. However, there are significant restrictions on selling property. Typically, both spouses must sign in order to sell property owned together. Because an incapacitated spouse cannot consent, the transaction can be held up.
If property is owned only by you, your spouse has no legal authority to sell or manage that property without a power of attorney. A power of attorney giving rights to a spouse often makes transactions easier and more cost-efficient. LegalZoom's power of attorney allows you to provide general and specific powers to your spouse.
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