Who Will Make Financial Decisions For You If You Become Incapacitated?
If you have a durable power of attorney, 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, 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.
§ 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.
Copyright 2003 – Louis A. Barrelli