Divorce Renders Power of Attorney Null

In the last post I wrote about how when the principal passes away it automatically nullifies any powers of attorney that might have been in place during his/her lifetime.
But there is also another situation in which a power of attorney can be nullified. That is, in California, through divorce if one spouse names the other as their acting agent.

The California Probate Code stipulates that should the principal's marriage to the agent after executing a power of attorney become dissolved or annulled then the principal's designation of the spouse as the agent would be revoked. The only way it can be revived is if the two parties should happen to remarry to each other.

So, if you would still like your ex-spouse to remain as your power of attorney even after divorce, you are going to need to execute new power of attorney documents naming him or her as your agent if you want your ex to maintain any authority over your care and affairs should you become incapacitated and unable to do so for yourself.

Consult with a professional Estate Planning Attorney to find out which powers of attorney are available to you or if your current documents are still relevant.

*This blog entry was not written by an Attorney and should not be constituted as professional legal advice.