Ohio Code 5815.32 – Revocation of power of attorney upon termination of marriage or entering separation agreement
If a principal executes a power of attorney designating the principal’s spouse as the attorney in fact for the principal and if after executing the power of attorney, the principal and the principal’s spouse are divorced, obtain a dissolution or annulment of their marriage, or enter into a separation agreement pursuant to which they intend to fully and finally settle each spouse’s prospective property rights in the property of the other, the designation in the power of attorney of the spouse or former spouse of the principal to act as attorney in fact for the principal is revoked, unless the power of attorney provides otherwise. The subsequent remarriage of the principal to the principal’s former spouse, or the termination of a separation agreement between the principal and the principal’s spouse, does not revive a power of attorney that is revoked under this section.
Terms Used In Ohio Code 5815.32
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Property: means real and personal property. See Ohio Code 1.59