Can I get POA for my husband's insurance?

1 answer | Last updated: Oct 15, 2016
A fellow caregiver asked...

Hello, my husband works overseas and I am here in the USA with chronic, debilitating diseases for which his health insurance pays. Now I've reached the point where home-care through major medical needs subscriber signature. Can I sign POA? what other POA should I get besides real estate(the only one I have)

Expert Answers

You want to be your spouse's "POA" for healthcare insurance purposes. I gather that you want to subscribe, as your spouse's representative, his name to an insurance company form authorizing home-care for you.

I'm not clear why you can't simply have your husband sign the insurance form. He has the health insurance that covers you. Although he is oversea, you could mail or fax the form to him and get it back quickly. This would be the easiest way to handle this matter.

If you want to obtain your husband's authorization that you are able to sign for him regarding health care insurance, I suggest that you should first contact the insurance company and ask them what type of legal authorization they would need. I don't know if they would accept a general financial power of attorney signed by your husband. Also, I don't know if your husband would agree to give you power to represent him in all financial matters. Perhaps a narrowly tailored financial power of attorney, giving you authority to represent him only for insurance matters concerning yourself, would work.

While this matter involves your healthcare, it doesn't seem a matter that could be covered in a health care durable power of attorney. You don't want your husband to give you authority over his health care, but over his health care insurance, a different concern.

There's a possible problem with getting any POA from your husband, which is that POAs normally must be notarized in the state of the U.S. where they are signed. Would the insurance company accept a documents notarized under a foreign country's laws?

Perhaps I'm missing something here, or there's something I don't understand about why you want to proceed by a POA. But if you do, you must be sure that the insurance company will accept whatever POA you use.