Legal Question in Wills and Trusts in Georgia

You posted to Georgia lawyers so Florida lawyers will not see this. Repost in the Florida category.

What does it mean that you have a durable POA on your son exactly? The person who makes the power of attorney is called the principal. The person who is given the authority to act is called the agent. Now who is the principal and who is the agent? Are you the principal or the agent?

What does your remarriage have to do with this either way?

Powers of attorney, if properly drafted and executed, are generally good everywhere until revoked. Read the power of attorney to see the methods for revocation. Generally, if the power of attorney has not been filed with the court/register of deeds, then it may be revoked simply by sending a notarized revocation to the agent. I would recommend that a copy of the revocation also be sent to anyone who has dealt with the agent, like banks, stock brokers and the like. If the power of attorney has been filed with the register of deeds, then you will also need to file the revocation with the register of deeds.

Since you are now remarried and presumably living in Florida, you may want to change things in your financial and health care powers of attorney as well as your will or trust. If you don't have a will or trust then you definitely need one. I suggest that if you are the principal, that you and your new spouse meet with an experienced estate planning attorney in your state of residence. Show the attorney any existing powers of attorney or wills and discuss what needs to occur now that you have remarried, if anything.

If your son is the principal, you still need to sit down with an estate planning attorney if you have remarried and moved as you need to revise your estate plan. However, the fact that you have remarried and moved does not affect your son's power of attorney. If you are still the agent and have changed your name, any banks or other third-parties may ask for some kind of proof of your identity, marriage or name change. Other than that, any relocation of yours is not relevant. If your son is the the one who has moved, then maybe he also needs to sit down with his own estate planning attorney to review his will and power of attorney, assuming that he is mentally competent.