Q: If my husband had a POA prior to us being married, is that persona still his POA?
My mother in law is my husbands POA and it was filed several years ago. Since it was filed we have married, who has the legal rights her or me?
A:
Powers of Attorney don't get "filed" in Oregon. Assuming the Power of Attorney has no expiration date, it remains in effect until the Principal revokes it or dies. Marrying does not automatically give you fiduciary authority over your husband.
If your husband would like to name you (or anyone else) as his Agent under a Power of Attorney I recommend he meet with an estate planning attorney.
Nina Whitehurst agrees with this answer
A:
If the power of attorney does not contain an ending date, the law assumes it is “durable.” That means the authority does not end, even if the person giving the power of attorney is incapacitated. A durable power of attorney is useful when the person who authorized it later becomes unable to handle his or her own business affairs; the agent simply takes over the decision-making.
By giving an agent power of attorney, a person is not giving up the power to continue conducting the transactions while he or she isable to do so. You can end the agent’s authority by revoking the authority in writing. All powers of attorney end upon your death.
Nina Whitehurst agrees with this answer
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