# I need everyone to offer their opinion on this on - Thanks!!



## Missylife (Feb 6, 2014)

If you read my previous post, you know I am going through a divorce because my husband said he did not love me any more. Well, he has been planning this divorce for sometime, but because I kicked him out, he was not able to get out of the house with all the financial paper work, et cetera, he wanted. One of the things, he had in his get away pile I found was a copy of my power of attorney I signed over to him when we married 22 years ago. What on earth was he sneaking this out of the house for? I am beginning to suspect he had my name on some things he does not want me to get and need my power of attorney to get it off and he is hiding something. What on earth would he want my power of attorney for when he is divorcing me. Any help would be appreciated. I think I am on to something, he got my name on something and trying to get it off!!!!!


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## soccermom2three (Jan 4, 2013)

Yeah, it sounds like he was up to something. What was the Power of Attorney for? Has the document been recorded at the County Recorder's office, (is there stamp?) If it has been recorded then its of record and you need to revoked it even you have the original.

We draw them at work but they are specific to the real estate transaction that we are handling and only work for that property. Usually a spouse is out of the country and won't be around to sign the loan paperwork. The PofA we draw wouldn't work for bank accounts, etc.

This is what I found for California:

How long does the Power of Attorney last? 

You can specify an expiration date in the document. A general power of attorney ends if you become incapacitated or revise the document to make it durable. Otherwise, a Power of Attorney ends either when you die, or:

You revoke it. As long as you are mentally competent, you can revoke a power of attorney at any time. Make sure to send a copy of the revocation to banks or businesses etc. that have done business with your Agent, to notify them that the power has expired.

You get a divorce. In California if your spouse is your agent and you divorce, his/her authority automatically terminates. If you remarry the same person, though, the powers are re-instated.

Your agent becomes incapacitated or unavailable. To avoid this problem, you can name an alternate agent in your document.


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## soccermom2three (Jan 4, 2013)

My understanding is the person that is the Attorney in Fact (your husband), can't benefit from signing over to himself. I maybe wrong, someone I'm sure will correct me.

For example, let's say both of you on are title on your house. He can't sign your name as Attorney in Fact on a Quitclaim Deed to himself. A reputable title company would not accept any such document.


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