Getting a Power of Attorney Form

Q. What steps are necessary to obtain a power of attorney for a disabled spouse?

A. It should not be difficult to obtain a power of attorney for your spouse, provided, of course, that when you say “disabled,” you mean something along the lines of “confined to a wheelchair” or “bedridden” and not “comatose” or “insane.” In the latter two instances, your spouse is not considered legally competent to execute a valid power of attorney form.

For your spouse to be legally competent, your spouse must be lucid, in charge of his or her mental faculties, and aware of the nature and quality of his or her acts. You can be bedridden and still be competent to execute a power of attorney form. Essentially, if your spouse is mentally capable of carrying on his or her own personal business affairs, your spouse is likely competent to execute the form.

If your spouse is competent, the only other thing you need to know is the type of power of attorney form your spouse wants to execute. For instance, if you’re trying to close the sale of a house you own jointly with your spouse, a limited power of attorney form is sufficient. If, on the other hand, your spouse wants you to take over running his or her business, you’d likely need a general power of attorney form. Finally, if your spouse is more concerned with health care questions, you’ll want to look into drafting a living will and a health care power of attorney. In any of these cases (particularly the last two), you should have no trouble finding a local attorney who will work with you, relatively inexpensively, in drafting a form that is appropriate for your specific needs.