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Advanced Directives and your pending Divorce

By Sabrina Winters

If you already have Advanced Directives (Durable Power of Attorney and Health Care Power of Attorney) in place and you are going through a divorce, you have some very important steps to take NOW!   Without a doubt, your divorce will have a major impact on your estate plan. I know…this is the last thing you want to hear in the middle of your major life change. After reading on, I think you will agree that you should be speaking not only to a Family Lawyer but an Estate Planning Attorney as well.

Remove your Spouse as your Named Agent

It is important that you change your Advanced Directives (Powers of Attorney and Health Care Power of Attorney) DURING your divorce and not wait until it is finalized.

Why? If you are in an accident during your divorce and unable to handle your financial affairs and/or make your own medical decisions,  and your current documents name your spouse as your agent, it is your soon-to-be ex who will be making  your health care and financial decisions.  This ultimately means he or she  will be in control of your money and your medical decisions.

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