Changing your power of attorney after divorce

On Behalf of | Apr 12, 2019 | Estate Planning |

There are a number of benefits associated with a power of attorney, especially if one is worried about their inability to make key decisions for any reason in the future. Many people decide to name their spouse when creating a power of attorney, since their marital partner knows so much about them and should be able to make the right decisions should they become incapacitated for one reason or another. However, this can be problematic when a marriage falls apart and a couple is no longer together. If you have recently divorced or plan to file for divorce and have assigned these responsibilities to your spouse or former spouse, it is important to change your power of attorney.

In some states, power of attorney is automatically revoked when a spouse splits up with their marital partner. In other states, it is necessary for someone to manually revoke these responsibilities, since the power of attorney will still be in place even though the couple is no longer married. When a disgruntled ex retains this designation, the consequences can be disastrous if they decide to make decisions that are not in the best interests of their former marital partner.

We understand that divorce can be very emotional and time-consuming, and so can estate planning issues and related matters such as changing your power of attorney. However, planning ahead and ensuring that you have taken steps to protect yourself could offer some peace of mind and be immensely helpful in the event that something unexpected occurs in the near future.


FindLaw Network