If my husband is in the military, does he have to give me power of attorney before he is deployed overseas?

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If my husband is in the military, does he have to give me power of attorney before he is deployed overseas?

Asked on September 22, 2010 under Family Law, New Mexico

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Since you have put this question under the heading of divorce I have to say that my response will be quite different than under a different heading.  First of all, for what do you need a Power of Attorney?  To go through with the divorce?  I would never advise a client going through a divorce to give their spouse a power of attorney during the proceeding for any reason.  I would tell them to give it to a trusted family member and only for very specific purposes.  And your husband does not "have" to give you anything at this point in time.  He can execute the necessary paperwork before he leaves to be held by his attorney in the event it is needed.


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