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Difference between revisions of "Separation and the Law"

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===Powers of attorney and other authorizations===
===Powers of attorney and other authorizations===


Spouses often have mutual powers of attorney, that is, each spouse may have a power of attorney that gives him or her authority over the other spouse's affairs should the other spouse become unable to manage them. If your spouse has power of attorney over your affairs, you may want to revoke (cancel) the power of attorney. You do not need your spouse's agreement to cancel a power of attorney.
Under the ''[http://canlii.ca/t/849l Power of Attorney Act]'', if you are unmarried, any power of attorney made by you and your spouse terminates when your marriage or marriage-like relationship ends.  However, if you ''are'' married, the power of attorney may only terminate when you get an order for divorce. The courts still need to interpret this section.
 
If you want to revoke a power of attorney or a similar type of authorization, you should <span class="noglossary">contact</span> a lawyer to have the proper documents drawn up.
No matter what your relationship status is, if you want to be sure that your power of attorney has been terminated, you need to prepare a written revocation and deliver a copy to all financial institutions where you have an account, as well as a copy to your spouse and anybody else you have appointed as your attorney.  Always keep records of your revocation, and how and when you delivered the revocation.
If you do still want your former spouse to be able to act as your attorney after you separate, then you should prepare a new power of attorney to make sure that he or she has a valid power of attorney.  
If you wish to revoke an existing power of attorney or other authorization or to create a new one, you should speak with a wills and estates lawyer to have the proper documents drawn up.


===Medical and dental insurance===
===Medical and dental insurance===