Married, now divorced. does my durable power of attorney expire?

1 answer | Last updated: Sep 15, 2016
A fellow caregiver asked...

Me and my ex are still best friends. He made me durable poa when we were married. Now we are divorced. Does my durable poa expire?


Expert Answers

You want to know if a durable power of attorney made out by one spouse to another expires when the couple gets divorced. [I'm not sure from your question if you gave your ex a DPA, or if he gave you one. For purposes of my answer, it doesn't matter.]

A durable power given by one spouse to another spouse NOT expire after the couple has gotten divorced. If the spouse who gave the DPA no longer wants his or her ex-spouse to have authority under the DPA, he or she should revoke that DPA.

It is possible that one state, or perhaps a few, has a law that provides that a DPAs given to a spouse expires after a divorce. I am not an expert on every state's law on this. Still, it would be easier to revoke the DPA than to research a state's law on this.



Stay Connected With Caring.com

Get news & tips via e-mail