If there is no power of attorney for health care, Arizona law allows you to make the medical decisions of your incapacitated spouse as a substitute for medical decision-making. However, there is no similar law that allows you to manage your spouse's financial matters. A medical power of attorney is a legally binding document. An estate planning attorney can guide you through the process and ensure that you have correctly created and filed the documentation. Once your medical POA is confirmed, you'll need to provide copies of the document to your primary care doctor, your spouse, your children, and anyone else who should know you.
This may come as a surprise to many people, but your spouse is not legally allowed to do the same things that you can do for yourself. To avoid this hassle, it's a good idea to include access to health care for your spouse in your permanent power of attorney. As the name suggests, a health care power of attorney gives the agent the authority to make important medical decisions on behalf of the issuer in the event that the agent becomes incapacitated. However, in this case, the person you legally designate only makes decisions regarding your health care.
All states (and the District of Columbia) have established procedures for appointing a health care agent, which can also be referred to as a permanent power of attorney for health care. If your spouse is your primary attorney, it's important to consider the possibility of both you and your spouse being incapacitated in an accident. This is especially true when someone issues a power of attorney to their spouse, as the spouse is likely to exercise some control over the assets in question anyway. (even if it's informal).
A power of attorney generally provides broad access to the issuer's legal and financial issues, although the agreement may include provisions that limit the agent's activities. When unexpected illnesses, injuries, or emergency situations arise, many people are surprised to discover that they don't automatically have a power of attorney for their spouse. Even if you don't have separate assets, but only have one account that's only in your name, your spouse probably won't be able to access the funds in that account. During the process, the court will also need to appoint an attorney to ensure that your rights are protected, and the court may hire an investigator to evaluate your spouse's claim. The process for granting guardianship is the same as for granting guardianship, so drafting a power of attorney is still the best option.
The person designated as your medical POA must be sure that they can fulfill your wishes for health care in any situation. If you and your spouse share control of a business, or if your spouse is the sole owner of a business, it's probably a good idea to include provisions in the power of attorney that grant legal access to the business and avoid losing a primary source of income. Establishing a medical POA gives you peace of mind in the event that something happens that prevents you from communicating your wishes for medical care. It is possible to draft a durable power of attorney to take effect before your incapacity.
