QUESTION
I have power of attorney for my father, how does that work if he gets married?
Asked on Dec 31st, 2012 on Estate Planning - Kansas
More details to this question:
I have Power of Attorney for my father and he already has a will in place. He has decided to get married. What does that do to the POA and his will?
20 ANSWERS
Thomas Edward Gates
The Power of Attorney may continue per the wishes of the principle. If he does wish to do so, then there is nothing that needs to be changed.
Answered on Jan 03rd, 2013 at 2:36 PM
Trust Attorney serving Cincinnati, OH
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Paul A. Nidich Attorney at Law
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Nothing unless he changes them.
Answered on Jan 03rd, 2013 at 1:14 PM
Residential Attorney serving Hartford, CT
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Halloran & Sage LLP
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Nothing. Neither his Will nor his marriage affect the power of attorney.
Answered on Jan 03rd, 2013 at 1:14 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Nothing to the POA unless he revokes it. He should probably add a codicil to the present will or draft a new will as to how he wants to treat the new wife. If this is a matter of love and not property, it may be in the best interests of both parties to sign a pre-nup stating that neither has rights in the other's property.
Answered on Jan 03rd, 2013 at 1:13 PM
A POA continues until the grantor terminates or further limits the grant of power or until terms within the existing POA that limit or terminate the POA come into effect.
Answered on Jan 03rd, 2013 at 1:13 PM
As long as the Power of Attorney is not revoked, it remains in place. If your father remarries, he is fully entitled to change his estate plan. The potential conflict arises if you undertake an action under the POA which comes into conflict with the Estate plan. You should consult an attorney before you do this.
Answered on Jan 03rd, 2013 at 1:13 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Marriage revokes a will; it does not affect the POA, directly; although, you as fiduciary will need to talk to your father about his plans in light of his new family situation. With the new marriage, the whole estate plan needs to be reconsidered.
Answered on Jan 03rd, 2013 at 1:12 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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The marriage does not necessarily have ANY impact on the POA form. But your father should consider whether or not he wants to make changes. If he does not, it could put you at odds with his new spouse, who may feel that SHE should be the one making those decisions.
Answered on Jan 03rd, 2013 at 1:12 PM
The power of attorney is not affected by his marriage unless he choses to revoke it in light of his changed circumstances.
Answered on Jan 03rd, 2013 at 12:04 PM
2 Awards
Marriage alone does not alter estate planning documents.
Answered on Jan 03rd, 2013 at 7:26 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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The Power of Attorney remains in place until he revokes, or amends it. As to the will, it stays in place, until he amends or revokes it.
Answered on Jan 03rd, 2013 at 7:23 AM
There should be no effect on either document.
Answered on Jan 03rd, 2013 at 6:49 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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The power of attorney should be unaffected. The will may leave his wife as an omitted heir. If he does not make a new will and she is not referred to in his will, then she may stand to inhheirt any community property and some of his separate property (half if you are his only child; on-third otherwise). 8
Answered on Jan 03rd, 2013 at 5:39 AM
???? He and you need to see an estate attorney to figure out what to do.? If he does not change his Will his wife will get nothing aside from her share of the community property, and the property will go as the Will directs.? You have an economic conflict with his new wife that should be resolved to avoid bitterness between the two of you when he does die.? The POA expires automatically upon his death.
Answered on Jan 03rd, 2013 at 5:27 AM
Alternative Dispute Resolution Attorney serving Baltimore, MD
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Whiteford, Taylor & Preston L.L.P.
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The marriage will create a right in the spouse to receive a share of the estate if the spouse survives your father (1/3 if your father is survived by any descendants, and ? if your father isn't survived by any descendants). If your father has a child with the new spouse, that would revoke the prior will. The power of attorney isn't affected by the marriage.
Answered on Jan 03rd, 2013 at 5:19 AM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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The marriage should have no direct affect on the power of attorney. He will probably want to change his will considering the marriage but he doesn't have to. The new wife will, however, have certain rights under Missouri law if she is not included in the disposition of his estate. Among the rights she would have would be to elect to take a portion of his estate notwithstanding the lack of provision for her in his will.
Answered on Jan 02nd, 2013 at 2:54 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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The Power of Attorney document is still valid until he revokes it.
Answered on Jan 02nd, 2013 at 2:52 PM
Those documents can always be changed.
Answered on Jan 02nd, 2013 at 2:49 PM
Business Transactions Attorney serving Los Angeles, CA
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Doland & Fraade
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Marriage does not affect the validity of a power of attorney. Death, however, terminates the power of attorney.
Answered on Jan 02nd, 2013 at 2:49 PM
Bankruptcy Attorney serving Lenexa, KS
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Walden Legal Solutions, LLC
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Nothing. Getting married does not change a POA or Will. If your Father wants to change either of these documents he will have to make and execute the necessary changes.
Answered on Jan 02nd, 2013 at 2:41 PM