General Guideline

• In general, you may not cash your husband's checks without authorization. This is because current U.S. banking law requires that all checks to be cashed must be endorsed by the person to whom they are made out. If the check only has your husband's name, he is the only one who may sign the check and immediately get cash back from the bank.
  
  

Social Security

• If your husband's check is a Social Security check, there is a possibility you can cash the check if you have applied (and been approved) to be your husband's representative payee. The Social Security administration permits representative payees to cash Social Security checks. This enables them to help take care of the Social Security beneficiary who may not be able to manage funds entirely on his own.
  
  

Named Payees

• Technically, everyone named on a check must endorse it before the check may be cashed. This essentially tells the bank that all parties involved are aware and approve of the check cashing. If you also are named on the check and your husband already has signed, you should have no problem adding your endorsement and cashing the check. If your bank cashes the check with only your endorsement, which often happens and which has led people to be confused about when check cashing is legal, this is an indication they are not doing their job correctly in terms of security.
  
  

Power of Attorney

• Generally speaking, if you have financial Power of Attorney over your husband, you have the right to cash his checks. Your bank will need to see a copy of the Power of Attorney before you can proceed with cashing the check. Note that if your husband is deceased, the check becomes part of your husband's estate, even if you had Power of Attorney. In this case, you'd need to be the executor of the estate to cash or deposit the check and provide proof you are the executor to the bank.
  
  

Cashing Alternatives

• If you cannot cash your husband's check, you have a viable alternative. You can write "For Deposit Only" on the back of the check. Banks are not obligated to deposit checks without an endorsement, but most of the time, they will take the check and deposit it into your husband's account. If your name is on the account, you may withdraw the deposited funds with no legal worries.