What canI do if my husband has my POA and we are on the verge of a divorce?
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What canI do if my husband has my POA and we are on the verge of a divorce?
My husband did the power of attorney years ago for work and shares and everything. He signs for me most of the time; everything is in his hands. He controls all that I own. How can I be sure of what he is doing? I am a foreigner and we have 3 kids. Now he is telling me that he will make me live in hell. Please help me.
Asked on April 2, 2011 under Family Law, Florida
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
It would be advisable to immediately revoke the power of attorney. Your revocation would say,
I________ (your name) hereby revoke the power of attorney held by ___________ (your husband's name) effective _________ (date).
Signed___________ (your name)
Date:________
It would be advisable to have the date of revocation be the date you sign the document so that it takes effect immediately and your husband cannot do anything further that is adverse to your interests.
You can include a proof of service and mail the revocation with the proof of service to your husband. The proof of service just says that you are over 18 and the attached document was sent via first class mail unless otherwise specified to __________ (name and address of your husband) on ________ (date). You sign at the bottom under penalty of perjury that the foregoing is true and correct. Also include the date that you sign the proof of service next to your name. The date you sign the proof of service should be the same date you mail it with the attached revocation of the power of attorney. The proof of service just verifies the date of mailing.
An alternative to mailing the proof of service and revocation of the power of attorney would be to hand deliver it your husband. The proof of service would then say that it was hand delivered to ____ (your husband's name) on ________ (date) and you would delete the part I mentioned above about sending it via first class mail.
Keep a copy of the revocation of the power of attorney and proof of service for your records in case your husband denies in the future that the power of attorney was revoked.
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