Does a wife get to be power of attorney if the husband is hurt with a head injury?

You get power of attorney because a document is signed that gives you that power and sets out the terms of the power. The relationship between a husband and wife is different and there is a duty, at least in California, for each to manage the assets of the community to their best effort. This is irrespective of any injury to husband. Your question does not have enough facts to fully answer you. There is no information on what you mean by settlement.. You don't say who she is to you. Are you the Wife or the Husband or who in this? What you need to do is see an attorney in your area that does family law. Contact your local bar association for referral to an attorney who specializes in this. Often, but not always, the attorney will do an initial consultation free of charge. You will then be in a better position to determine what to do next. Best of luck to you!

Powers of Attorney are not automatically created by virtue of an injury, accident or other type of incapacity. If a husband wishes to grant his wife (or someone else) the ability to handle his financial affairs when he cannot, the husband must execute a Power of Attorney before he becomes unable to handle his own affairs. Whether or not an actual agent under a Power of Attorney is authorized or obligated to act in order to preserve assets is a different question entirely. It is not clear from your facts whether the wife would have any obligation whatsoever to become personally liable for the husband's debts, although some of them may be partially hers as well. As for "paying back the settlement," I'm not quite sure what you mean.

A Power of Attorney is a legal document created by a person (the Principal) and which gives another person (the Agent) authority to do certain things on behalf of the Principal. The powers of the Agent are enumerated in the document, as also are the circumstances under which the Agent may act. Generally speaking, drafting and execution of a Power of Attorney (especially a durable power of attorney or a power of attorney which gives the agent power to do more than one specific thing) is complex enough that it should be done by a lawyer. One of the requirements for a power of attorney to be valid is that the Principal must be legally competent at the time of execution. If a person has dementia or brain damage, or is drugged or disoriented during a hospital stay, it is likely that they are not competent to execute a power of attorney. In such a case, it is too late. (In the case of Powers of Attorney, Wills, and Advance Directives, there really is such a thing as "too late"! This is the reason lawyers talk themselves blue in the face trying to get clients to execute their important documents well in advance of actual need.) If your husband has brain damage, whether he meets the threshold for legal competency is a question that would have to be answered by the combination of his team of doctor and lawyer. If a person becomes physically incapacitated and / or mentally incompetent and there is no Power of Attorney, then some person would have to petition the Probate Court for a court order giving them authority to make decisions and manage the affairs on behalf of the incapacitated person. This would be called a Guardianship (for the care of the person) or a Conservatorship (for the care of the finances). This legal proceeding is complex and should not be undertaken without attorney representation. The Court would decide who among the next of kin would be entitled to serve as Guardian. If your husband is indeed incapacitated with a head injury, and if there is not already a Power of Attorney in place giving you or someone else authority to pay bills and otherwise act on his behalf, then you should immediately consult an attorney to find out more about guardianships and whether one will be needed in your case. Do not delay, because even speedy court actions take time (and money). I once received a panicked call from a man who arrived home from an extended hospital stay just as his car was being repossessed. No one had paid his bills while he had been in the hospital. I hope that anyone reading this answer will ask themselves, "who would manage MY affairs if I were in the hospital?" If no one has yet been designated, then it would be wise planning to execute a durable power of attorney. Murphy's law of course is that if you execute it then you will never need it, right? But it's better safe than sorry and better to have one in place in case you ever need it. Good luck on the head injury, recovery, and any legal issues that arise because of this. If you don't know an attorney to call, the S.C. Bar has a lawyer referral service. I am placing a link here. http://scbar.org/PublicServices/FindaLawyer/LRS.aspx

I am sorry for your husband suffering an injury. The benefit of a "durable" power of attorney is that it gives the agent the authority to do specific things if the principal (husband in this case) becomes incapacitated. If its just a matter of paying bills, anyone can pay anyone else's bills and the creditor won;t care. In general, creditors can only seek recourse for your own debts or joint debts.