20 Pa.C.S. § 5605 provides that a spouse named as agent is automatically removed when the marriage ends by divorce or annulment.
Separation is not divorce
An estranged but legally married spouse remains the agent until the decree is final. Replace the POA the day you file.
Successor automatic promotion
If a successor agent is named, they automatically promote. If no successor is named, the document becomes useless.
Action items
Sign a new POA. Notify banks, brokerages, and any institution holding the old POA. Send a recorded written revocation if real estate was ever involved.
This article is general information about Pennsylvania law as of the update date above. It is not legal advice for your situation and does not create an attorney-client relationship. For advice on your specific facts, please schedule a consultation.
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