No, Marriage Gives Your Spouse Zero Business Authority
When you become incapacitated in Georgia, your spouse does not gain authority to run your business. Your spouse cannot sign contracts, run payroll, or renew a lease in the name of your LLC. It does not matter how long you have been married.
This is true even if your spouse is on the business bank account. Joint access lets them move money in that one account. It does not let them sign contracts. It does not let them hire or fire anyone.
Under O.C.G.A. Section 14-11-506, management authority in a Georgia LLC belongs only to a named manager or member. Your incapacity does not hand that authority to your spouse. It just leaves a gap.
The 4 Business Tasks That Freeze on Day 1
1
Contracts and Leases
No one can sign new contracts or renew leases. Every pending contract stalls on Day 1.
2
Payroll and Banking
Account access is not management authority. Payroll decisions need the second one, not the first.
3
Taxes and Compliance
Quarterly taxes and license renewals need someone with legal authority. Deadlines pass with no one able to stop them.
4
Employee Decisions
Hiring, firing, and pay changes all need management authority. Decisions made without it can be undone later.
A Durable Power of Attorney: What It Covers, and What It Does Not
A durable financial power of attorney is the fastest document to set up business continuity. Georgia POAs are durable by default. No doctor’s note is required. It takes effect the moment you sign it.
Under O.C.G.A. Section 10-6B-48, an agent with business authority can run the business, sign contracts, and manage your ownership interest. But a POA lets your agent act as you personally. It does not automatically make them a manager under your operating agreement. Banks can also refuse to honor a POA in some cases under O.C.G.A. Section 10-6B-50. You need the operating agreement too.
The Operating Agreement Is What Actually Controls the LLC
The operating agreement decides who can manage the LLC. A POA gives your agent personal authority. The operating agreement gives them LLC authority. You need both.
An operating agreement can name a successor manager, like your spouse. They take over the moment you become incapacitated. No court, no waiting period. Without this, authority only shifts once a court declares you incompetent, and that takes weeks. See Does My LLC Operating Agreement Override My Will in Georgia? for why this document carries so much weight.
If You Have Neither Document: Conservatorship
With no POA and no successor manager named, the only path is a Georgia conservatorship under O.C.G.A. Section 29-5. A conservator manages your money. But conservatorship does not automatically cover running your business. That needs separate court approval. Georgia calls this a conservatorship (control of finances and property) rather than a guardianship (control of personal or medical decisions), your spouse would need to petition for conservatorship specifically to run the business.
The timeline runs 4 to 6 weeks at minimum just to get a conservator appointed. See What Happens to a Georgia Business When the Owner Becomes Incapacitated for the full timeline.
The cost usually runs $3,000 to $5,000 or more, plus yearly accountings after that.
The Two-Document Fix
1
Durable Financial POA
Names your agent with real business authority. Effective right away, no doctor’s note needed.
2
Operating Agreement Amendment
Names a successor manager for the LLC. No court involved. Gives them the LLC authority a POA alone cannot provide.
Write down what your spouse actually needs. A power of attorney and operating agreement give your spouse legal authority. They still need the practical details, banking logins, vendor contacts, payroll provider, and where your contracts are stored. Keep this list somewhere your spouse can find it, separate from the legal documents.
Adding your spouse as a co-owner is the wrong fix. It creates permanent ownership rights that outlast the incapacity itself. If your LLC interest sits in a revocable trust, your successor trustee adds a third layer of continuity. See Problems With Business Succession Plans in Georgia for the full list of gaps a plan like this closes. Our business succession planning service builds all three documents together. See what estate planning costs for a business owner for exact pricing.
