Medical vs. Financial Power of Attorney: You Need Both
If you get into a car accident and go into a coma, who pays your rent? Who tells the doctor to perform surgery? If you don’t have these two documents, your spouse or parents legally cannot do either without a court order.
Two Different Keys for Two Different Locks
Think of your life as having two main departments. You need a manager for each.
| Feature | Medical POA | Financial POA |
|---|---|---|
| Also Called | Healthcare Proxy | Durable POA |
| Authority | Medical Decisions | Money Decisions |
| Examples | Surgery, Life Support | Rent, Taxes, Bank |
| When Active? | Only if incapacitated | Immediate or Later |
Medical: Usually yes for emergencies, but tricky for long-term care.
Financial: NO. If a car title or bank account is in your name only, your spouse cannot touch it without a Financial POA. Being married doesn’t grant automatic financial access.
Why It Must Be “Durable”
This is the most critical legal term you will learn today.
Regular POA (Weak)
“I give my brother power to sign checks for me.”
The Flaw: If you get hit by a bus and go into a coma, a regular POA automatically expires. The law assumes you can no longer supervise him, so his power is revoked. This is useless for emergencies.
Durable POA (Strong)
“I give my brother power to sign checks, even if I become incapacitated.”
The Benefit: It stays valid through dementia, coma, or illness. This is what you want.
Pro Tip: “Springing” vs “Immediate”
Do you trust your agent *right now*?
The Activation Switch
Springing POA: Your agent can ONLY access your account after two doctors certify you are incompetent. (Good for privacy, but causes delays in emergencies).
Verdict: Most lawyers recommend “Immediate” for spouses to avoid red tape.