Question: My wife and I have seen lawyers since I left home a month ago. Our children, ages ten and six, are at the home. We are each employed, and have retirement benefits and health coverage through our employers. We own two rental houses, have IRA’s, a stock portfolio, savings, and some debt.

After I saw my attorney, I compared notes with my wife, and we were both surprised that neither lawyer talked about estate or disability planning which, in our view, is important. My wife and I both have wills and powers of attorney in place now, but how can those be relevant to the future?

Answer: Your point is well taken. In our view, folks like you who are going through the uncoupling of a relationship are in need of updated documents now. For example, assuming you and your wife had named each other as agents on your existing powers of attorney, should either of you become unable to make your own decisions, unintended results might occur, and folks you may not want handling your affairs could well end up doing so.

Therefore, at a minimum, it is our opinion that everyone in the midst of a marital split should sign an updated durable power of attorney that covers the immediate bases and prevents the potential of unanticipated headaches and expense.

A power of attorney is a written document by which you authorize someone you trust -- called an “attorney-in-fact” or agent -- to act on your behalf. The authority that you give your agent can be either general (“I want you to act for me in all circumstances”) or specific (“you can sign a title to sell my car while I’m out of town.”) The powers given to an attorney-in-fact can be as broad or as narrow as you wish, and can either be immediate or will occur only should you become incapacitated (called a “springing” durable power of attorney).

Unless your power of attorney is “durable,” the authority you grant to your agent will terminate when you become incapacitated or disabled – a time when you need it most. In some states, the power of attorney is presumed to be “durable” unless wording to the contrary is included in the document, while in others, the document must specifically state that it continues past your incapacity. You should find out about this important distinction from your lawyer before you sign anything.

To be valid, the power of attorney must be signed according to the law of your state of residence, meaning, generally, that you must sign before two witnesses or a notary public.

By using a durable power of attorney, your attorney-in-fact can inexpensively deal with business and other matters should you become disabled or incapacitated, including continuation of your litigation, establishing trusts, and changing beneficiaries on your IRA’s, retirement plans, etc., all depending on the language contained in the document. You can even pass on to your agent the ability to take your place in your attorney-client relationship if necessary, all depending on the language.

Powers of attorney are important documents to have during the divorce process, especially if one of the spouses becomes disabled during the proceedings. So are health care powers of attorney and new wills, through which you can make appropriate choices depending on your situation. So make sure to discuss these questions with your lawyers or, if they don’t do this type of work, ask for referrals to those who will.