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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
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Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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50 year old wife needs to have access to Husbands bank ...

Resolved Question:

50 year old wife needs to have access to Husbands bank account to pay bills. Husband is in hospital near death. She has no Power of attorney. She is my daughter.
Submitted: 8 years ago.
Category: Legal
Expert:  Dave Kennett replied 8 years ago.

DearCustomer- Since there is no POA she would have to apply for a legal guardianship over her husband which, in this case, may take too long if he is near death. Assuming he has a will and she is the executor then she will have the power to access the bank account and pay bills.

Until her husband is deceased she will not be able to access the account unless she can get a guardianship quickly. You could have her contact an attorney to see if this would be feasible in the local court system as each jurisdiction varies in rules and procedure.

David Kennett - JD - Attorney at Law

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