What Happens to Power of Attorney After Divorce?

A lot of things can change after a divorce is finalized in court. Children can be taken away to live with one parent, finances can be divided up, and one parent can inherit all the legal rights for making decisions for their children. Another aspect that could potentially change after a divorce is the power of attorney rights for making financial and medical decisions. Talk to an Oklahoma City divorce lawyer if you have concerns about your rights concerning power of attorney.

Power of Attorney Basics

The power of attorney position is legally assigned to one family member who can be your spouse, relative, or close friend. This person must be someone you can trust because, once they are appointed as power of attorney, they will have the ability to make legal decisions for certain incapacitated family members.

Power of attorney allows a person to make medical decisions like whether to cut life support, financial decisions like transactions, and making money gifts. With this title comes certain responsibilities. The person must keep accurate records of their transactions and other decisions. A principal is a person who appoints the power of attorney and decides how much the power of attorney is paid.

Married couples often sign a power of attorney form that allows each spouse to have decision-making capabilities in the event that the other spouse becomes incapacitated. This is done as a precaution, rather than for control. Someone trustworthy needs to be available to make important decisions in case something unexpected happens, and who better to trust than the person you married? This is usually the case until the divorce process starts.

Potential Consequences of Divorce

When a married couple decides to file for divorce, things do not always come together without conflict over serious legal decisions like who should care for the child. Divorce threatens the power of attorney and, in general, the power of attorney status is lost once a divorce is finalized. This means you will no longer be responsible for your former spouse in the event of incapacitation after the divorce.

This is done because divorce is intended to be a full separation of previous shared financial and legal responsibilities. However, this does not mean a spouse is completely free of all financial aspects. Some divorces end with one spouse paying the other child support each month. Divorce can be a huge change, but with the right legal help, you might have a chance at a smoother transition.

Oklahoma Family Attorney

Going through a divorce is not always easy. Consider hiring an Oklahoma family lawyer if you are concerned about your rights as a parent. Court orders filed after a divorce are finalized are not always permanent and can be changed with strong appeals. Call the Putnam Law Office at (405)-849-9149 for a consultation today. Our goal is to defend your rights so you can receive the fair treatment you deserve. Mr. Putnam is an Oklahoma City, OK attorney who puts clients first.