“But I’m His Wife.” Why That’s Not Enough in the Eyes of the Law.

It usually starts with something simple. A husband develops dementia. His wife—who’s been handling more and more of the household responsibilities—calls the insurance company to ask about his policy. The representative refuses to speak with her.

Frustrated and probably a little stunned, she asks:

“Why would I need a power of attorney? I’m his wife.”

And honestly? That sounds reasonable. Marriage is a legal relationship, right? So it would make sense to assume you automatically have the authority to step in and help your spouse.

But that’s not how the law works—and that misunderstanding can have real consequences.

What Is a Power of Attorney—and Why Does It Matter?

In legal terms, a power of attorney (POA) is a document that gives someone else the authority to act on your behalf. That person is called your agent (or attorney-in-fact). Depending on the type of POA, they can make decisions about your finances, property, or health care.

Here’s the key point: being someone’s spouse does NOT automatically make you their legal agent. You don’t get to access their bank account, sign legal documents, or speak with insurance companies unless they’ve given you explicit authority through a signed legal document.

Marriage doesn’t grant automatic legal rights to act for someone else. That’s a common assumption—and a dangerous one.

Why a Power of Attorney Is Critical for Aging, Illness, or Injury

A power of attorney isn’t just a helpful document—it’s an essential one. Especially when it comes to aging, illness, or cognitive decline.

If someone becomes incapacitated (from dementia, a stroke, or an accident) and hasn’t signed a power of attorney ahead of time, it may be too late. At that point, your only option could be filing for guardianship through the court system—a process that’s expensive, time-consuming, and public.

A properly executed POA can save your family thousands of dollars and months of court involvement. It’s simple to put in place, but it has huge implications if something goes wrong.

Your Agent Has Real Power—So Choose Carefully

This isn’t just a formality. A power of attorney gives your chosen agent the authority to act in your name. That includes:

• Signing contracts

• Managing or closing accounts

• Selling property

• Making financial decisions that impact your estate

That’s a lot of responsibility—and potentially a lot of risk. So if your spouse is already experiencing cognitive decline or facing a serious health condition, naming them as your agent may not be the best move. That doesn’t make you heartless. It makes you prepared.

You want to make sure that someone can legally act on your behalf—but you also want to make sure it’s the right person.

Don’t Wait Until It’s Too Late

Here’s the takeaway: Marriage doesn’t equal legal authority.

If you want to act for someone else—whether that’s your spouse, your parent, or your sibling—they need to authorize you through a legal power of attorney while they are still competent to make that decision.

Love, commitment, and shared bills aren’t enough.

Legal planning is what actually protects you and your family when the unexpected happens.

And if you’re already facing a situation where a loved one didn’t sign a POA and now can’t act for themselves, it’s not too late to get help. A guardianship might be necessary—and I can walk you through what that looks like.

Have questions about power of attorney or guardianship in Nebraska?

Contact me at zach@zandersonlaw.com or call 402-259-0059.

Let’s make sure you and your loved ones are protected—without the surprises.