Medical Malpractice

power of attorney, father versus new wife...?

my friend is in the navy, just married in last six months, had a stroke, in the hospital, cannot function; wife has no job, went to her parents in connecticut, left him in hospital in north carolina, making alot of withdrawls on his income from the navy and not paying any of his bills... as i understand it though, father has power of attorney, can he take control of bank account with son's and wife's names on it??? also, what are his rights versus hers... if you have no information to give, dont bother answering, a couple of you are completely useless ... also, i do not need your personal feelings, for damn sure it isn't your business

Public Comments

1. wife is his partner... butt out
2. He has no rights at the moment. He would need court orders to take over.
3. Its unfortunate this man did not choose a better partner.
4. If the dad takes he copy of the original power of attorney document to the bank, they will determine if it gives him power over your friend's finances. (POA's are all written differently.) If it does, the dad can close the accounts and make new arrangements for your friend's Navy $$.
5. The person designated as the agent by the POA would have all the rights to act as the designee would have if he were personally present. The father could use the POA to act on behalf of his son but not the wife; i.e., he couldn't "clean out" the bank account because half the money belongs to the wife. As his wife she would be "next of kin" with regard to his health if he had no living will with a designated person to make medical decisions for him due to his incapacity to do so himself. The general POA would not cover this.
6. what u r asking is about "freezing assets" and other protective measures your friend might consider doing such as any or all of the following. these are things which the POA could file on the part of your friend. as mentioned in other answers, the Power of Attorney is a powerful legal document that gives someone else right to act as though they are you, and the law will treat these actions as if you committed them yourself. His POA can file motions on his behalf to see that (1) his credit rating is protected by freezing or closing joint cards and by blocking his spouse's access to other joint credit such as a home equity loan; (2) going in and withdrawing all funds out of joint bank accounts and opening accounts in your friends name, (3) changing the name of the responsible party on utility and other bills; and (4) spending where possible his spouse's separate property first, marital property next, so on and so forth. suggestions - similar situation happened to me when i was in the hospital before my separation from my ex-husband - upon my discharge our utilities were months past due as he had not paid any bills while i was in the hospital - i contacted each utility company explaining the situtation - that my ex-husband had not paid the bills while i was in the hospital and we were now separated. i requested new accounts be setup in my name only. the phone company required me to pay half of the past due bill but the rest went rather smoothly. advise ur friends father to take action and address each bill by speaking with the company and explaining the situation. and get those assets frozen and as much money withdrawn from the accounts before your friend is left with nothing. he might even see about getting her locked out of the house - after all is this not domestic abuse - one spouse is impaired and unable in the hospital. instead of doing what a spouse should do and caring for them and being at their side she is causing emotional duress and financial hardship to the marriage.