Power of Attorney and Divorce

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Power of Attorney and Divorce

Powers of attorney are important legal document that gives another person control over your legal actions and finances. Even upon divorce, powers of attorney are still valid.

What If My Significant Other Is Preventing Me from Getting a Divorce?

Sometimes, a significant other has the power of attorney over the person and will prevent that person from divorcing them. In those situations, it is best to revoke the power of attorney if possible. To do so, most states just require you to fill out a pre-printed form and give the revocation to the necessary parties.

However, there are certain situations where another institution is preventing you from revoking the power of attorney. In those cases, you may request to transfer the power of attorney to another party.

Should I Revoke My Power of Attorney Prior to Getting Divorce?

This depends whether you trust the person you are divorcing. This tends to get complicated down the road when the two of you have disagreements.

What If I Keep My Power of Attorney?

A person with your power of attorney decides how you live, and possibly, how you die. So, if you do not revoke the power of attorney, then your ex-spouse can still have control over your assets and even your health care needs (i.e. medical derivative). However, if you want your ex-spouse in charge of your medical derivative, and not necessary your assets, then you can still revoke it partially.

Do I Need a Lawyer?

In order to best represent your interests and to avoid costly litigation later on, it is best to consult an experienced estate lawyer.

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Last Modified: 06-26-2014 03:43 PM PDT

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