Getting A Divorce If Your Wife Has Power Of Attorney Over You

advice on divorceQuestion:

I want to divorce my wife because she is having an affair, but she has power of attorney over me because of my suicide attempt.

She has total control of my finances, and she tells me I can’t file for a divorce because she has this power of attorney over me.

How can I get a divorce if she controls everything?

Answer:

This answer only includes general divorce help for men since I am only licensed to practice in Oklahoma and am thus unable to provide legal advice on divorce.

With a few exceptions, a Power of Attorney (POA) is revocable.  That means you can take it back and strip your wife of her power to make decisions for you when you become unhappy with her as your agent. If you’re concerned that the POA may hinder your ability to seek the divorce, you may need to revoke it before you get going.

Revoking a POA is fairly simple. Most states have a preferred form for revocations, and many of the forms are available online.

More or less, you just need to put in writing the fact that you are revoking the POA, and that your wife no longer retains any power to make decisions for you. You should also try to specify the date the original power of attorney was executed and that your wife was selected as your agent.

Once you sign the revocation, you should give a copy to your wife as well as any institutions or agencies that have a copy of the original POA so that they know not to let her act on your behalf any longer.

Finally, try to get a copy of the old POA back from your wife.  If she won’t give it  back, send her a certified letter stating that the POA giving her power has been revoked and include a copy of your revocation form.

Divorce Resources:

State Divorce Laws

You can always seek the assistance of a skilled family law attorney in revoking your POA prior to seeking your divorce.

To set up an appointment with a Cordell and Cordell mens divorce attorney, including Oklahoma City Divorce Lawyer Christian D. Barnard, please contact Cordell & Cordell.

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