Jewett City, CT asked in Estate Planning for Connecticut

Q: Can my military husband living overseas revoke my power of attorney by email.

Can he stated I'm not allowed to drive the car in both our name or co m e an arms distance to the rental property we own and deposit our joint taxes in our account but not spend a dime without his permission.

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1 Lawyer Answer
Nicole M. Camporeale
Nicole M. Camporeale
Answered
  • Estate Planning Lawyer
  • Newtown, CT
  • Licensed in Connecticut

A: Your question is not fully clear so my answer is conditioned upon my reading of the question. When you say "revoke my power of attorney" that to me means you have executed a power of attorney instrument for yourself, naming someone as your agent. If that is the case then no he cannot revoke a document that is executed by you.

If you mean to say that your husband has a power of attorney instrument naming you as his agent, then yes he can revoke that document. However, i would not say a revocation by email is sufficient. If he signs a revocation of power of attorney document that would be the most effective way for him to revoke the document.

If you own a car jointly you have the right to continue to use it as you are an owner.

I am not following the part of the question regarding coming within an arms distance of rental property you both own. If he is overseas I don't see this being an issue. A power of attorney has no effect on his ability to manage an asset owned jointly by both of you. If he is back in the states and able to manage his own affairs, he has the right to do so regardless of the POA you have.

Your issue seems to stem past the POA and into a family dispute. Contact a local family law attorney for assistance.

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