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I am just trying to find out if divorcing automatically revoked the POA since it states until my ex husbands death. This is in Tx and we were married for 27 years.
So sorry, yes you asked a simple question and assumptions were made. This happens on forums. So the answer is no, POA does not get revoked when you get divorced. And yes, your right, just let it go for now. If this woman is after his money, then she will make sure she has POA too.
I understand what you are saying, but if son's grandparents wanted son to inherit the property they should have stipulated that in their Wills or added a codicil. Even put it in trust for him. His Dad is under no obligation to carry out his parents wishes. For us, our grands are not even mentioned in our Wills. The estate gets split between our girls. If they want grands to have anything, thats up to them.
I do not need an attorney. I’m not trying to prevent my ex husband from getting married goodness gracious, what an ignorant assumption. The simple question was DOES A POA END WHEN SOMEONE GETS A DIVORCE! I thought maybe someone on this message forum could possibly know the answer. I want/need to know for no other reason except curiosity. I never thought I would be attacked by strangers assuming I’m some bad person just for asking a legitimate, normal question. My oh my never imagined some people would act coocoo over my curiosity. And for the record Ofcorse my son is our son. When you divorce you tend to refer to your children as my not as “our.” We are divorced so I’m single now and don’t have any reason to reference my adult children as ours.
Your son isn't robbed of a Dad just because you divorced. He remains the son of you BOTH. Even if Dad is a rotten dad. His father will provide for him as he chooses in his will. I cannot imagine why you would want to be POA for someone who you consider to be a not very nice person. I was POA and Trustee and it's one tough job. And you certainly can't rewrite will or do anything else for your son as his Dad's POA. Nor would the new family let you serve. They would simple go for conservatorship, and almost certainly win.
As to POA, it never changes unless the PRINCIPAL (that's your ex) changes it. The Principal, if he thinks of it after a divorce, DOES change it; why would he want an ex wife as his POA or any other kind of "power". He likely wouldn't unless he still considered her a fast friend, in which case. A judge can change the POA if the new wife swoops in and says "He forgot to change that. I am now his wife and want guardianship"; she would likely win.
An ex wife who comes in on new family is likely to be met with a guardianship fight in the case of an incapcitated ex-husband. One she will almost certainly lose. And she can't change wills or anything else even IF she is POA, so she would be buying only a pack of trouble.
Quickest way for you to find out who current POA is for ex-hubby would be ASK HIM, not a Forum of strangers from around the country and even other countries. Gives him the opportunity to assign a new one or keep you, if you want to serve. And as I said, you've nothing to gain by being his POA, and everything to lose including your time.
When you write questions on Social Media it's like Forrest Gump's box of chocolates. You never know what you're gonna get. Looks like you have a variety of responses; so it is indeed very like that box of chocolates. There's one in See's candies I ALWAYS drop in the hopper. It tastes like bitter brown sugar? I guess I am THAT ONE for you!
Maybe just say nothing and in the event that something happens to him you have some authority to intervene if a new POA is never made.
I went through something very similar with my dad and his ho, there was nothing left before she finished with him, multi millions spent trying to keep her. I was so happy he was able to live the way he wanted, it was his money after all, it became a buttrash for me when she had spent it all and dumped him, near death sick and social security only, no car, no home, no money. Encourage your kids to think about the boundaries they will have to have and enforce in the event this happens to them.
To bad grandma and grandpa didn't put their wishes in their will. That means it was not sincere to me.
That’s awful and I hate you went through that. Our situation is so sad because my father in law at the time came to our house and expressed he was thinking about deeding his land to my son. My ex husband knows his dad wanted it to go to my son and stay in the family. It’s just such a shame when these things happen and people don’t word their will the right way.
Responding to your reply to me. If I were you, I would get a lawyer to revoke that POA. I would want nothing to do with an ex. I know your trying to protect your children but he is not thinking about them. He can do whatever he wants with his money. I would think ur kids are adults and as such he probably thinks they are on their own now.
Definitely check with an attorney but divorce does not automatically revoke a POA as far as I know. I don't believe this varies by state. Because who would be the new POA? Or would no one be, that wouldn't make any sense. Just as it does not revoke beneficiary designations.
The only reason we got it was because he worked out of the country a lot back then and I needed to be able to sign documents for him. He’s of sound mind and Ofcorse doesn’t need it in place, but it can’t hurt anything to just leave it alone.
A lot depends on how the POA document is written. It is possible that the POA was written to go into effect at the time that he signed it rather than waiting until he’s deemed incompetent by doctors. I have personal knowledge of this.
Your updates indicate that your ex hubby HAD wanted his property to go to YOUR son. Is that the son of BOTH of you, or only YOUR son. You are talking about using a POA. You do know you cannot use it unless your ex husband is declared incompetent legally, right? You can do NOTHING as long as he is competent.
He can marry whomever he wants. He can change his POA whenever he wants, and any new wife can almost certainly get guardianship, should anything happen to him, as she is next of kin. He can change the property designations any way he wishes to. Were husband to be demented the new wife would simply go to court and say he forgot his old wife still the POA. Any court would give the new missus the Guardianship or conservatorship. And that trumps the POA.
You divorced this man. It is over. He is in love with someone else. If his children wish to open a case, if they can prove abuse or fraud, THEY are the ones with the most standing to protest this. But if your ex husband is competent legally under the law you need to step away from all of this. Your marriage is over and with it went all of the control over husband's money other than money you received as marriage settlement.
If this woman is nefarious as you think she is then she almost CERTAINly has already changed all documents in her favor.
If you wish to explore this in the depth to which possible under the law do see an attorney now to do so. If you wish to do that with his children, you may. But I think it is very likely you have any standing to intervene in any way. You could do so only if husband is DEMENTED under the law, in danger now. And that means you go to get diagnosis, legal documents, and get your POA solid and WORKING to handle all of his assets, and care. That wouldn't even work if the children went against you and wanted guardianship.
Good luck. This is somewhat a mess. I hope you can untangle for the protection of all.
You are being very suspicious, Alva. I think she's trying to find out if she has any obligation or responsibility if he has not updated it, especially since he is about to remarry. I believe the answer is no, she has no obligation to honor the POA in the future, no one is going to chase after her to help him in the future if something happens. The POA gives a person the power to act on their behalf, but if he has more immediate next-of-kin (no longer her), she is not responsible for him in any way. I don't think she would be responsible, regardless. Not sure anyone would even know about this document unless she came forward with it at the time.
A PoA must be revoked or resigned. You should resign it. No one can be forced to be a PoA against their will. He should not have a PoA who is the same age as he is. He needs someone one or two generations younger.
Just read your update. Your POA will not keep husband from doing what he wants if he is competent to do so. He has to be declared incompetent to make informed decisions for your POA to be effective. Really, him remarrying again, he may want new wife to have POA. Really nothing you or your kids can do at this point.
Yeah I didn’t assume there was anything we can do about it. He has cut his 2 youngest children out of his life for his new family. It has left my youngest daughter heartbroken but as you said nothing you can do about it!! Life’s pretty tough huh?!
You need a lawyer. One reason because its so oldbit may need updating. Divorce does not revoke POA. If husband is of sound mind, he can revoke yours and assign someone else. You can revoke it yourself if you do not want the responsibility of making decisions for him or handling his finances. POA does not make you obligated to care for him or be at his beck and call. Just handle his finances and medical when he can no longer speak for himself.
If he marries she becomes next of kin. If he were then to become demented I think you would have a very difficult time beating out the wife for being in charge of anything here. The wife would simply go to Social Workers, say that he forgot about the POA and wife is now ex wife and SHE is the wife. They would get her emergency guardianship almost certainly.
i can assure you I’m not trying to withhold information. I was simply asking a question without telling a life story as you can only imagine all the details. I believe my ex husband has forgotten about the POA. He is engaged and I have heard stories through my 3 adult children that the woman he’s engaged to does not have good intentions. My ex husband makes a lot of money and has inherited property. Although we didn’t end well I do not wish anyone take his property. His parents actually wanted the property to go to my son because it has been in the family for over 50 years. Now his finance wants him to sell the land and home to invest in a beach house. Unfortunately his parents didn’t follow their instincts and feed the place to my son as they mentioned doing, but my ex husband promised he would never sell the place. Anyway there’s nothing that can be done about that now. My main reason for asking my question in the first place was, should anything happen to my ex husband would I be able to use the POA since it was never revoked (it’s from 2002) and filed at the courthouse and notarized. It doesn’t state “ until husbands death” sorry you misunderstood that. It says until my death I was just saying in general. Also if he marries does it void the POA?
Since a marriage license and POA are two sole, separate legal documents, I am going to say that the POA is still valid unless; you choose not to accept to be POA or there is a POA with a more current date then the one that names you.
Please know that you are NOT required to act as his POA. If you do choose to be his POA I would encourage you to look up the state statutes that govern POAs, once you act on his behalf you become a legal fiduciary and you are governed by the laws that hold you accountable for acting in his best interest, in a manner that he would have if he was of sound mind.
A POA serves at the REQUEST of the Principal. The POA does as the Principal directs. When the Principal is unable (for any reason) to make rational decisions for him/herself, the POA takes over and manages things as he/she knows the Principal would want them to be managed.
If your husband said to you "Look, we are divorced, but there's no one I trust more to manage my affairs; please remain my POA" (and better were this in writing), the you can and should act as POA for him if you are willing.
All POAs end with death, so "until my husband's death" (and you don't HAVE a husband, here in this case) is an exceptionally "odd" thing to be written in any POA. A POA is legal only so long as the Principal doesn't change it.
Now, if you are an ex, and you are attempting to get some control of ex hubby or his assets here, now, via this POA, and if there is other family? They are going to go for guardianship and come down on you like a ton of bricks with possible legal action claiming abuse and fraud. So I would take great care here.
If however, your divorce was NOT amicable and your husband doesn't have trust or good feelings about you, and merely FORGOT to redo his POA, then it would be wrong MORALLY and likely legally as well for you to take this on if he is incapacitated and unable to function for himself.
You are not giving us details. The fact that you are not makes me assume that there is something nefarious afoot, in all honesty, but then I am of a very suspicious mind in most cases. I hope I am wrong. More details would help to wipe out that niggling suspicion. Just why exactly do you wish to serve as POA for an ex husband? And if you are such friends, why not ask him if this is still his wish?
Now, you are divorced. I must assume that in the time since you saw your husband he has changed things quite dramatically. In fact, he has likely changed his insurance beneficiary, his Will or Trust, and his POA document (which would automatically cancel yours. If you haven't been in contact, how could you ever know, right?
As I said I didn’t wanna give a life story, nothing nefarious going on. Never good ton”assume” anything. My ex husband told me he was gonna change the beneficiary to his 3 kids but he hasn’t done anything about the POA. I’m sure he forgot about it as we only used it for income tax purposes while he traveled out of country. I couldn’t care less if he revoked it but just wanted to know if anyone knew if him remarrying would void it. I will always care for him and will not revoke it myself. He will most likely make his finance his beneficiary when they marry in May because as I stated before he has disowned his 2 younger children for his new family. All because they don’t care much for her. They’ve been respectful toward her but he wants to demand them have a close relationship with them that they don’t want.
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Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
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I understand what you are saying, but if son's grandparents wanted son to inherit the property they should have stipulated that in their Wills or added a codicil. Even put it in trust for him. His Dad is under no obligation to carry out his parents wishes. For us, our grands are not even mentioned in our Wills. The estate gets split between our girls. If they want grands to have anything, thats up to them.
His father will provide for him as he chooses in his will.
I cannot imagine why you would want to be POA for someone who you consider to be a not very nice person. I was POA and Trustee and it's one tough job. And you certainly can't rewrite will or do anything else for your son as his Dad's POA. Nor would the new family let you serve. They would simple go for conservatorship, and almost certainly win.
As to POA, it never changes unless the PRINCIPAL (that's your ex) changes it. The Principal, if he thinks of it after a divorce, DOES change it; why would he want an ex wife as his POA or any other kind of "power". He likely wouldn't unless he still considered her a fast friend, in which case. A judge can change the POA if the new wife swoops in and says "He forgot to change that. I am now his wife and want guardianship"; she would likely win.
An ex wife who comes in on new family is likely to be met with a guardianship fight in the case of an incapcitated ex-husband. One she will almost certainly lose. And she can't change wills or anything else even IF she is POA, so she would be buying only a pack of trouble.
Quickest way for you to find out who current POA is for ex-hubby would be ASK HIM, not a Forum of strangers from around the country and even other countries. Gives him the opportunity to assign a new one or keep you, if you want to serve. And as I said, you've nothing to gain by being his POA, and everything to lose including your time.
When you write questions on Social Media it's like Forrest Gump's box of chocolates. You never know what you're gonna get. Looks like you have a variety of responses; so it is indeed very like that box of chocolates. There's one in See's candies I ALWAYS drop in the hopper. It tastes like bitter brown sugar? I guess I am THAT ONE for you!
I went through something very similar with my dad and his ho, there was nothing left before she finished with him, multi millions spent trying to keep her. I was so happy he was able to live the way he wanted, it was his money after all, it became a buttrash for me when she had spent it all and dumped him, near death sick and social security only, no car, no home, no money. Encourage your kids to think about the boundaries they will have to have and enforce in the event this happens to them.
To bad grandma and grandpa didn't put their wishes in their will. That means it was not sincere to me.
You are talking about using a POA.
You do know you cannot use it unless your ex husband is declared incompetent legally, right?
You can do NOTHING as long as he is competent.
He can marry whomever he wants.
He can change his POA whenever he wants, and any new wife can almost certainly get guardianship, should anything happen to him, as she is next of kin. He can change the property designations any way he wishes to.
Were husband to be demented the new wife would simply go to court and say he forgot his old wife still the POA. Any court would give the new missus the Guardianship or conservatorship. And that trumps the POA.
You divorced this man.
It is over.
He is in love with someone else.
If his children wish to open a case, if they can prove abuse or fraud, THEY are the ones with the most standing to protest this.
But if your ex husband is competent legally under the law you need to step away from all of this. Your marriage is over and with it went all of the control over husband's money other than money you received as marriage settlement.
If this woman is nefarious as you think she is then she almost CERTAINly has already changed all documents in her favor.
If you wish to explore this in the depth to which possible under the law do see an attorney now to do so. If you wish to do that with his children, you may.
But I think it is very likely you have any standing to intervene in any way.
You could do so only if husband is DEMENTED under the law, in danger now. And that means you go to get diagnosis, legal documents, and get your POA solid and WORKING to handle all of his assets, and care.
That wouldn't even work if the children went against you and wanted guardianship.
Good luck. This is somewhat a mess. I hope you can untangle for the protection of all.
Please know that you are NOT required to act as his POA. If you do choose to be his POA I would encourage you to look up the state statutes that govern POAs, once you act on his behalf you become a legal fiduciary and you are governed by the laws that hold you accountable for acting in his best interest, in a manner that he would have if he was of sound mind.
Good luck with this.
If your husband said to you "Look, we are divorced, but there's no one I trust more to manage my affairs; please remain my POA" (and better were this in writing), the you can and should act as POA for him if you are willing.
All POAs end with death, so "until my husband's death" (and you don't HAVE a husband, here in this case) is an exceptionally "odd" thing to be written in any POA. A POA is legal only so long as the Principal doesn't change it.
Now, if you are an ex, and you are attempting to get some control of ex hubby or his assets here, now, via this POA, and if there is other family? They are going to go for guardianship and come down on you like a ton of bricks with possible legal action claiming abuse and fraud. So I would take great care here.
If however, your divorce was NOT amicable and your husband doesn't have trust or good feelings about you, and merely FORGOT to redo his POA, then it would be wrong MORALLY and likely legally as well for you to take this on if he is incapacitated and unable to function for himself.
You are not giving us details. The fact that you are not makes me assume that there is something nefarious afoot, in all honesty, but then I am of a very suspicious mind in most cases. I hope I am wrong. More details would help to wipe out that niggling suspicion. Just why exactly do you wish to serve as POA for an ex husband? And if you are such friends, why not ask him if this is still his wish?
Now, you are divorced. I must assume that in the time since you saw your husband he has changed things quite dramatically. In fact, he has likely changed his insurance beneficiary, his Will or Trust, and his POA document (which would automatically cancel yours. If you haven't been in contact, how could you ever know, right?