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Qwerty Asked May 2018

Is DPOA enough for Divorce Court?

My dad’s wife of 41 years filed for divorce in California a couple of years ago. She left the state when he had a major surgery 7 months ago and it was then that he made me his DPOA because he said he couldn’t do his bills or paperwork or drive anymore. He’s physically much better now that I helped him get into a memory care facility and the happiest I’ve seen him in years. However, his mind is steadily declining. Will I need more than DPOA to help him finalize their divorce?

JoAnn29 May 2018
It really depends on ur state. I have a friend who didn't know she was divorced in NJ. Her ex filed and paid for it. She never received papers.
His wife maybe able to get the divorce without him.

cdnreader May 2018
Dear Tlkent,

Glad to hear your dad is doing better. I would definitely check with an elder law attorney or even divorce attorney to get more clarification.

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DeeAnna May 2018
The best person who can answer your questions is your Dad's lawyer. Contact him/her after Memorial Day weekend and ask if you will need more than your Dad's DPOA to help your Dad finalize his divorce. Part of the answer depends on how your Dad's DPOA is written and whether he has to be declared "incompetent" by one or two doctors for the DPOA to be in effect.

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