“But I’m his wife.” It’s a phrase elder law attorneys hear frequently — most often in moments of crisis. A husband is hospitalized after a sudden illness, or a wife becomes incapacitated without warning. The spouse, standing ready to help, is shocked to learn they cannot legally make financial or medical decisions.
Many couples assume marriage automatically grants decision-making authority. While marriage creates important legal ties, it does not give one spouse full control over the other’s finances or healthcare decisions when something unexpected happens.
Marriage does not grant automatic authority…