Q: If I am to become a power of attorney for my ex husband and I am on ny state gov.benefits can they recoup or take away
Benefits issued to me he also receives compensation payments
A:
An attorney in fact, appointed by the principal or the maker of the document, steps into the shoes of the maker or principal of the document.
The attorney in fact must act in the best interests of the principal or maker of the document. That is called being a fiduciary for the principal or the maker.
Many persons fail to understand or appreciate how important an attorney in fact's duties actually are. Anyone who agrees to accept those duties also accepts the possibility that the principal, or a lawfully designated agent of the principal, could initiate legal action against the attorney in fact if the attorney in fact does not perform their duties in the best interests of the principal or maker of the document.
There are many reasons why people get divorced. I am not nor have I ever been a divorce lawyer. However, since you are divorced, you no longer have spousal privilege or immunity. Anything your ex-spouse tells you or shares with you is fully discoverable in a legal proceeding. No matter how amicable your current relationship may be or how much you may trust your ex, you should consult with a licensed attorney before you accept attorney in fact duties for anyone. Many are shocked to discover how huge their duties and responsibilities were or how much legal liability they accepted by becoming an attorney in fact. Be careful. Good luck.
Sometimes people erroneously think that allowing someone else to do something which they themselves cannot or should not do will exempt or protect them from liability. That is certainly not true nor does it shield either person from liability. Since divorce usually invalidates last wills and testaments it even looks suspicious to give an ex-spouse attorney in fact powers while both ex-spouses are alive (powers of attorney die when the principal dies) when the surviving ex-spouse will rarely, if ever, inherit property from their ex by intestacy laws, which state laws kick in when anyone dies without a last will or sometimes a trust.
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