Does a power of attorney override a marriage?
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Does a power of attorney override a marriage?
If a person was married and was seperated but never divorced can they override POA that was given to the son from a previous marriage? Or could the husband come back and overule what the stepson has done? The stepson has POA over his terminally ill mom. Could the husband come and take over and such?
Asked on November 22, 2012 under Family Law, Texas
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Power of attorney is given by the person when he or she is competent and of sound mind. He or she gives the power of attorney to someone (usually a spouse or child or both) so that these people can make life decisions for this person during incapacity. It is usually done when other testamentary documents are signed. If a person (step son) has power of attorney over his mother, only the mother can override that power of attorney. Further, in extreme cases, the husband could bring an action against stepson if there is an abuse going on or improper influence.
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