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Does Power of Attorney Override Spouse?

Unraveling the Intricacies

In estate planning and family law, a common question arises: “Does power of attorney override spouse?” This question is at the heart of many legal debates and discussions. We aim to clarify this complex issue at McBrien Armistead Law Group.

Power of Attorney: An Overview

A power of attorney (POA) is a legal document that bestows certain powers to a person (the agent or attorney-in-fact) to make decisions on behalf of another person (the principal). This can encompass financial matters, health care decisions, and more. As such, it’s a crucial tool in estate planning.

Does Power of Attorney Override Spouse?

In general, a power of attorney does supersede the wishes of a spouse. This means that if a person has granted power of attorney to someone other than their spouse, that designated individual’s decisions would typically take precedence. This is because the principal has legally entrusted the agent with the authority to act on their behalf.

However, there are exceptions, and the specifics can vary depending on the jurisdiction and the exact terms of the power of attorney document. Hence, consulting with an experienced attorney is advisable to understand the implications fully.

Is Spouse Automatically Power of Attorney?

Many people assume that a spouse automatically has power of attorney. However, this is not the case. While spouses have certain rights, they do not automatically gain power of attorney. This status must be granted explicitly through a legal document. If you’re considering giving power of attorney to your wife or husband, going through the proper legal processes is essential.

Empowering Your Spouse: How to Give Power of Attorney to My Wife

If you want to give your spouse a power of attorney, you need to create a power of attorney document outlining the powers you wish to grant them. This should be done under the guidance of a skilled attorney to ensure that all legal requirements are met, and your interests are protected.

At McBrien Armistead Law Group, we can guide you through this process, ensuring that your power of attorney document is legally sound and reflects your wishes accurately.


While navigating the complexities of power of attorney and spousal rights can be challenging, it doesn’t have to be overwhelming. With the proper legal guidance, you can make informed decisions that protect your interests and those of your loved ones. If you’re grappling with questions like “Does power of attorney override spouse?” or “How to give power of attorney to my wife?”, reach out to us at McBrien Armistead Law Group. Our team of experienced attorneys is here to provide the legal support and guidance you need.

Thank you for reading!