Will my spouse still be able to act as my agent (for a Medical Power of Attorney) if we divorce?
No, not unless you set up your Medical Power of Attorney that way.
The law automatically removes your spouse as agent under the power of attorney if you divorce after signing the power of attorney. However, if you want your spouse to be your agent even after a divorce, do either of the following:
- Specifically state you want your spouse to continue to be your agent even after a divorce when completing the form, or
- Sign a new power of attorney after your divorce that names your ex-spouse as agent.