Do I Need a Power of Attorney if I am Married?

In California, being married does not automatically grant a spouse power of attorney over the other. Power of attorney is a legal document that allows one person (the "agent" or "attorney-in-fact") to act on behalf of another (the "principal") in various legal and financial matters.

If you want your spouse to have power of attorney, you would need to specifically designate them as your agent through a power of attorney document. This document should outline the specific powers you are granting to your spouse, as well as any limitations or conditions.

It's important to note that there are different types of powers of attorney, including:

1. **General Power of Attorney**: This grants broad powers to the agent and allows them to handle a wide range of financial and legal matters on your behalf.

2. **Limited (or Special) Power of Attorney**: This grants specific, limited powers to the agent for a particular purpose or within a specific time frame.

3. **Durable Power of Attorney**: This remains in effect even if the principal becomes incapacitated or unable to make decisions.

4. **Springing Power of Attorney**: This "springs" into effect only under specific circumstances outlined in the document, such as when the principal becomes incapacitated.

Regardless of your marital status, it's crucial to carefully consider who you appoint as your power of attorney, ensuring that they are trustworthy, responsible, and capable of making decisions in your best interest. 

If you have questions about whether a durable power of attorney is something you need, please reach out and schedule a consultation, I can help you decide what type of power of attorney is right for you.