True or False: If I’m Incapacitated, My Spouse Can Automatically Decide for Me?

The answer to that is false.

Because in fact, if you become incapacitated, it is not automatic that your spouse would be able to step in and make all financial and medical decisions on your behalf. Just being married doesn’t necessarily mean your spouse can do that.

You really need to make sure that you have an estate plan in place, including something like a living trust, durable power of attorney, advanced health care directive, you know all of which you can appoint your spouse as basically both financial and health care decision maker. And that’s really going to be the only thing that’s going to guarantee, at an incapacity, that your spouse can step in and make those decisions on your behalf. Thanks for watching.

Read more about Incapacity Planning on our blog: Your Estate Plan Should Address Incapacity

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Miranda Dressler

Miranda has been practicing law since 2009 and has been with our office since 2017. Since graduating from the University of California, Hastings College of Law, she has practiced in both criminal and civil contexts. However, she has found her true passion in working with clients in estate planning, probate, and trust administration. She is frequently a featured speaker for our educational workshops, including Trustee School Read More

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