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You are here: Home / Articles / Estate Planning / Financial Decisions and Incapacitation

Financial Decisions and Incapacitation

May 18, 2017 By Patricia Barrett

Who Will Make Financial Decisions For You If You Become Incapacitated?

If you have a durable power of attorney in your will, your spouse’s right to make financial decisions for you under the durable power of attorney is not revoked by filing for divorce. If this is not what you desire, make sure you update your will accordingly. You should revoke the present durable power of attorney, and name another person as your agent to make financial decisions for you if you are unable to do so during the divorce process.

§ 485. Texas Probate Code Effect of Principal’s Divorce or Marriage Annulment if Former Spouse is Attorney in Fact or Agent

If, after execution of a durable power of attorney, the principal is divorced from a person who has been appointed the principal’s attorney in fact or agent or the principal’s marriage to a person who has been appointed the principal’s attorney’s in fact or agent is annulled, the powers of the attorney in fact or agent granted to the principal’s former spouse shall terminate on the date on which the divorce or annulment of marriage is granted by a court, unless otherwise expressly provided by the durable power of attorney.

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