When one spouse gives power of attorney (both financial and health care) to an adult child, who has begun to utilize the powers, what responsibility does the other spouse have?
There are at least two components to this question. Does the well spouse, who is not using the power of attorney, have any responsibility to monitor the child’s actions as agent? Not necessarily, though it could be foolish not to maintain some oversight, since the well spouse’s own financial well-being will be affected by the agent’s actions. Does the well spouse have any obligation to pay for care of the ill spouse? Yes, though the obligation is not well-defined. Arizona does require spouses to provide financial assistance for one another, but there are few cases deciding exactly what that means. If the agent handling your spouse’s funds is behaving in any but the most circumspect of a manner, you would be well advised to seek legal counsel to review your rights and obligations. (Note: the questioner has added an observation about “danger–unlimited funds given to the adult child.” This suggests the possibility of improper behavior, or at least a concern about improper behavior, on th
Related Questions
- When one spouse gives power of attorney (both financial and health care) to an adult child, who has begun to utilize the powers, what responsibility does the other spouse have?
- Can I use contributions from my Health Care Reimbursement Account to pay for charges incurred by my child or spouse?
- What is a conservatorship, or adult guardianship?
