Why Marriage Alone Does Not Give Your Spouse Legal Authority for Powers of Attorney in Tennessee

The Importance of Powers of Attorney in Tennessee

“I’m his wife,” or “I’m her husband.” These phrases are common in crises when a spouse suddenly becomes incapacitated. Many people are shocked to learn that being married does not automatically give you legal authority to manage your spouse’s finances or healthcare.

At Johnson McGinnis Elder Care Law, we frequently see families caught off guard by this misconception. Marriage creates emotional and legal bonds, but it does not replace proper estate planning. You and your spouse remain separate legal individuals, meaning you cannot access assets in their name or make medical decisions unless formally authorized.

1. Marriage Does Not Grant Automatic Legal Authority

Even if you share joint accounts, you cannot access individually owned property, a 401(k), IRA, or other investment accounts without a legally executed power of attorney. This is true regardless of how long you’ve been married.

Without these documents, families may face lengthy and costly conservatorship proceedings just to pay bills, manage finances, or make healthcare decisions.

2. What Happens Without a Power of Attorney

Without a power of attorney, a court may appoint someone you wouldn’t have chosen, creating unnecessary delays and stress during a crisis. Protecting your spouse with proper legal documents ensures that someone you trust can act immediately, without waiting for court approval.

3. Why You Need Both Financial and Medical Powers of Attorney

There are two key documents every family needs:

• Financial Power of Attorney: Allows a trusted agent—usually your spouse—to handle money, pay bills, manage accounts, and oversee property.

• Health Care Power of Attorney: Lets your designated agent make medical decisions on your behalf if you are unable.

  
  

Having both documents in place guarantees clarity, speed, and peace of mind.

4. How to Give Your Spouse Legal Authority

To protect your family, follow these steps:

1. Create the right documents: A durable power of attorney must be drafted while you are of sound mind. Waiting until a crisis occurs is too late.

2. Choose your agent: Most people select their spouse, but this must be formalized in writing. The law does not assume your choice.

3. Define their powers: Powers can be broad or limited—covering property management, investments, or healthcare decisions.

4. Work with an attorney: Online forms often fall short of state requirements. A properly drafted Tennessee power of attorney ensures your wishes are legally enforceable.

   
   

Protect Your Spouse and Your Family

Love and marriage are powerful, but they cannot replace legal planning. At Johnson McGinnis Elder Care Law, we help families create customized powers of attorney that provide security, clarity, and peace of mind.

If you want to make sure the person you trust most has the legal authority they need, contact us today. Your future self—and your family—will thank you.