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What are my rights when my spouse is incapacitated?

Asked over 2 years ago - San Leandro, CA

We have a car the is in my husbands name only. He is now incapacitated. The payments are now two months behind. I am the only one working, struggling trying to keep up with the bills. I contacted the creditor several times to try and make payment arrangements on the car but they will not discuss anything pertaining to the account with me because of the privacy act. What are my rights? I'm sending a payment but I don't know if that will stop them from coming to take the car?

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Brian Richard Dinday

Reputation Level 16

Answered over 2 years ago. Criminal Defense Attorney in San Rafael, CA.

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Is your husband physically incapacitated or mentally incapacitated? It makes a difference. If the former only, he can sign a power of attorney to you which will entitle you to do anything and everything legally that HE could do. If he is mentally incompetent, he no longer has the right to give you that. You'll need a form for general power of attorney (available for free all over the internet) and a notary public available to witness the signature. Then give the Auto lender a copy of the POA and they will deal with you. Sounds like you will need the POA anyway, so you might as well do it. You don't have to have an attorney to do this, but try to find one that is drafted specifically for California, ok?

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