Q.If my spouse and I own everything "jointly," do I still need a durable power of attorney?

A.Yes. If you become incapacitated, your spouse can still sign checks and make withdrawals on a joint bank account. However, your spouse cannot sell or mortgage real estate jointly owned without legal authority to sign for you. In such an instance, your spouse would need a durable power of attorney naming the spouse as attorney-in-fact (agent).

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