Legal Question in Family Law in Washington

Power of attorney ot seperated spouse?

My husband of twenty years and I are divorcing using the collaborative process. During settlement negotiations he lost his $80,000. a year job. We have been living off the HELOC account, unemployment and my small part time job.We have been seperated and supporting two households for 5 months. He is clinicly depressed and is now going to check himself into a treatment facility. All money is running out, negotiations have stopped because he is mentaly incapable, and I can't sell with the house in both our names. Once he is in a treatment facility will I have power of attorney? What can I do?


Asked on 10/26/06, 2:24 pm

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: Power of attorney ot seperated spouse?

No, you will not have power of attorney, unless he gives it to you, and depending on the degree and nature of his illness, he may not be able to make an effective power of attorney, and if you were in a dissolution process there may be some questions raised about your appropriateness as the person to represent his interests. In about 95% of my postings I do not make a recommendation about whether the person needs an attorney (I may be thinking they do, but I don't write it). Your situation is part of the 5% who should definitely look to an attorney to assist them.

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Answered on 10/26/06, 11:43 pm


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