Does a power of attorney override a marriage?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 9 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption