My future husbands parents have power of attorney over him...if we get married will that void the power of attorney?

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His parents are fighting this really hard....... they said they would take him out of the will..... if this madness doesnt stop

Attorney Answers

4
Ruth Mcmahon ·
This is a crazy situation! Getting married will not void the power of attorney. You husband to be has to make a decision who his Agent should be or will be. Is his DPOA one that "springs" into effect if he becomes incapaciated or is it one that is effective now? Have his parents used the DPOA? There are lots of questions that should be discussed with your husband and answered. It is not common for a married man to have his parents as his Agents - but there are situations where this is the best. Only your future husband can make that decisions.
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Steven Todd KepplerLitigation LawyerSomerville, NJ ·
FIrst question is - what kind of POA do the parents have? Medical? Financial? Something else? Why does it exist and when was it given? Second question - is your fiance suffering from some sort of disability where a POA is necessary? what? Regardless, your marriage won't dissolve the POA - but he can possibly revoke it if he has the requisite mental capacity (if he doesn't, then he probably can't get married...and if that's the case, his parents should be guardians by now, not using a POA) I think you need to sit down with a qualified attorney who handles matters like this in your area.
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Lawrence Friedman ·
As Steve says, so long as your husband to be has capacity, he can revoke POAs to his parents, but the marriage doesn't automatically revoke them. Also in order to marry, your fiancé must have capacity in the first place. Typically, spouses would give one another financial and health care POAs. Sounds like a consult with a trusts and estates lawyer would be in order to explain the options and their effects. Lawrence Friedman, FriedmanLaw, Bridgewater, NJ, is Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. SpecialNeedsNJ.com has articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Information on both and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.
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Fredrick Niemann ·
No.Marriage does not give you legal decision making over your spouse,only a signed written power of attorney.
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