Separation or Divorce: Durable Powers of Attorney

Once parties are divorced, powers of attorney in which the ex-spouse is the agent are revoked in most states, including Massachusetts. An area of concern, however, can be a divorcing spouse abusing durable powers of attorney while a divorce is pending. The best advice here is to inquire of clients whether they have revoked all powers of attorney, or at least make them aware of the consequences if they do not do so.