Powers of Attorney and Divorce

Posted By: Manish C. Bhatia

It is common practice for one spouse to name the other as his or her agent for health care and property, but what happens to those Powers of Attorney if the couple gets divorced?

The Illinois legislature has provided a direct answer for this situation.  Section 2-6(b) of the Illinois Power of Attorney Act states:

If a court enters a judgment of dissolution of marriage or legal separation between the principal and his or her spouse after the agency is signed, the spouse shall be deemed to have died at the time of the judgment for all purposes of the agency.

Therefore, if a couple divorces and the creator of the Powers becomes incapacitated prior to having new Powers of Attorney prepared, the successor agent will automatically step in as agent, rather than the former spouse.