Who should be the power of attorney?

1 answer | Last updated: Oct 19, 2016
A fellow caregiver asked...

If I am married and not legally separated, can my boyfriend be appointed as my power of attorney?

Expert Answers

Steve Weisman hosts the nationally syndicated radio show A Touch of Grey, heard on more than 50 stations, including WABC in New York City and KRLA in Los Angeles. He is a practicing lawyer specializing in estate planning and is admitted to practice before the United States Supreme Court. He's a public speaker and commentator who has appeared on many radio and television shows throughout the country, and he's the legal editor of Talkers magazine, the preeminent trade publication of talk radio. His latest book is The Truth About Avoiding Scams.

Husbands and wives do not automatically have any right act as the agent for the other. You have the right to name whomever you wish as your agent under a Durable Power of Attorney. Durable Powers of Attorney should always be tailored to the particular needs of the person for whom it is being made. One size definitely does not fit all. You should have your Durable Power of Attorney drafted by an attorney for you rather than just getting a form on-line. In your marital situation this would be particularly important.