What happens to my Durable Power of Attorney when I get divorced?

Many couples have durable powers of attorney drafted during their marriage and name their spouse as their attorney-in-fact. Unfortunately, relationships often end. And, so, the question arises: is your spouse still your attorney-in-fact after the relationship ends? The answer is, it depends.

RCW 11.125.100(2)(c) states that once a spouse files for divorce, annulment, or for legal separation, an appointment of that parties’ spouse in durable power of attorney is revoked, unless the power of attorney specifically provides otherwise.

With this in mind, it is recommended you review your power of attorney to see whether it contains a provision that allows a spouse to retain their appointment after filing of a divorce, annulment, or separation lawsuit.

We offer complimentary 30-minute consultations to discuss durable powers or attorney and other estate planning questions. Feel free to set one up by giving us a call at 360-695-3695. We look forward to helping you plan your estate so it passes according to your wishes.