| This article was written by Phoebe P. Hall. Managing Partner/Attorney, Hall & Hall, PLC, 1401 Huguenot Road, Suite 100, Midlothian, VA 23113, and 4323 Cox Road, Suite 100, Glen Allen, VA 23060, Tel: (804) 897-1515, Fax (804) 897-2499 |
Tuesday, June 12, 2012
What happens to your power of attorney is someone files for custody or vistation or for separate maintenance?
Many married couples created powers of attorney (POAs) during their marriages which they would not want the other person to use in the event of separation or divorce. There is a new law that goes into effect in Virginia July 1, 2012 which provides that unless the power of attorney states otherwise, a power of attorney naming the spouse as the agent is automatically revoked by operation of law if either person in the couple files for custody or visitation or for separate maintenance.
The information you obtain at this site relates to Virginia law only. It is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
