My spouse and I are thinking about getting divorced. Shouldn’t I revoke my Power of Attorney?

Florida law provides that a Power of Attorney naming the other spouse as agent: Florida Statute 709.2109 states that a person named as agent under his/her spouse’s Florida Durable Power of Attorney for Property loses legal authority to act on the spouse’s behalf in the event of divorce or annulment, or when an action is filed for divorce or legal separation. The only exception is if the Durable Power of Attorney specifically states otherwise (i.e., that the agent’s powers continue in these circumstances. The law became effective Oct. 1, 2011; however, it applies to every Florida Durable Power of Attorney regardless of the date the document was executed.

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