If one of you ends up in the hospital in emergency circumstances, you will be able to make decisions for each other. However, it is because you fall into the definition of “temporary substitute decision maker” for each other at that time. On an ongoing basis, you would need a Representation Agreement to discuss your husband’s health care with his doctor. Further, without a Representation Agreement you may find yourself in a difficult situation if you want to make personal/health care decisions for your husband if they are challenged by other family members that disagree.