Legal Question in Elder Law in Iowa

Re: power of attorney divorce an elderly couple not wanting divorce

The person who executes a power of attorney is called the principal. The person appointed to have a power of attorney is called an attorney-in-fact. If the power of attorney document is broad enough to include transactions within the scope of I.C. 30-5-5-12 Family Maintenance, it is possible that the provision allowing an attorney-in-fact to perform acts for the welfare of the spouse or for the preservations and maintenance of other personal relationships of the principal. However, I doubt that it was the intent of the legislature in developing the statute to provide such a power to an attorney-in-fact and would recommend that prior to any such activity, that the local court with probate jurisdiction be applied to for instructions.

Any dissolution of marriage is valid on its face, however, the fact that it was procured by an attorney-in-fact for the principal may make the entire proceeding void, either upon appeal or by motion to reconsider pointing out the facts.