Can I take money from my husband’s accounts to pay his rent if we are separated and he is medically incapacitated?
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Can I take money from my husband’s accounts to pay his rent if we are separated and he is medically incapacitated?
My husband had a massive stroke. We have been separated for over 2 years but not legally. We have no living Will and no power of attorney on file. Now he has gotten an eviction notice (I am not on the lease). Can I pay his rent from his money?
Asked on July 11, 2011 under Family Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It is not clear that you can do this. If the money is in a joint bank account or other joint account (e.g. joint brokerage account), you can do access and use it. However, if it is his own account over which you are not an owner or a signatory, then you would have no legal power to access it without either a power of attorney or being appointed his guardian. Note that even if you are not on the lease, you can pay from your own funds, if you want, to avoid eviction. While doing that, if he is incapacitated, you may wish to seek the appointment of a guardian, whether yourself or another person, to take care of his financial affairs. You should seek the advice of a trusts and estates attorney, if possible, to advise you and guide you as to your best course of action.
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