If my husband has been in prison for the last 7 years and has signed a power of attorney over to me, canI use this for a divorce?

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If my husband has been in prison for the last 7 years and has signed a power of attorney over to me, canI use this for a divorce?

He has 3 more years and signed the POA 4 years ago. It enables me to sign for personal relationships and affairs on his behalf.

Asked on January 12, 2012 under Family Law, New Mexico

Answers:

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

Answered 10 years ago | Contributor

Although it may seem like a good idea to you I would strongly suggest that you think twice before doing anything like that.  I am sure that it would be considered a breach of your fiduciary duty.  Listen, you are in a great position becuase you know exactly where he is to be served with the divorce papers.  Have him served and then proceed from there.  In the meantime do not do anything with any marital assets that would be considered dissipation of assets because you have the POA.  Good luck to you.  


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