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Revoking your ex-spouse’s power of attorney

When people in San Antonio choose to marry, they may often also decide to entrust their new spouses with certain legal privileges, such as power of attorney. If their marriages end in divorce, many may believe that their separations invalidate such agreements. However, they may often come to us here at The Law Office of Roland R. Esparza only after discovering that assumption to be untrue. If you are getting a divorce and have given your soon-to-be ex-spouse power of attorney, then you may want to know how to revoke those rights.

Why should you care about ending your ex-spouse’s power of attorney? Because through it, your ex-spouse may retain a number of rights over important decisions that directly impact you. According to the Texas Probate Code, these include:

  •          Receive or demand payment of any money or property you may be entitled to.
  •          Use the proceeds of such transactions for their intended purposes.
  •          Enter into or terminate a contractual agreement on your behalf.
  •          Seek legal action and hire legal representation on your behalf.

Being named power of attorney also allows your ex-spouse to pay him or herself for executing his or her responsibilities from your own assets.

Given the amount of authority that the power of attorney privilege may bestow upon your ex, it may be easy to see why you may want to revoke such powers following your divorce. To do so, you must draft a document which revokes your ex’s power of attorney, have that document signed by two witnesses, and then deliver copies to him or her as well as any parties that may have received your original power of attorney agreement.

More information on the appropriate actions to be taken during divorce proceedings can be found on our site. 

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