The Short Answer: In Most Cases, No
If your ex-spouse is named as your agent on an old power of attorney, Georgia law probably already ended their authority the moment your divorce case was filed in court. You did not have to wait for the divorce to finish, and in most cases you did not have to do anything at all.
This rule comes from the Georgia Power of Attorney Act. Here is the plain version: if your agent is your spouse, and someone files for divorce, that agent’s power ends right then. There are only two exceptions: your document might say your ex keeps their power anyway, or your document might be too old for this automatic rule to cover it.
How Georgia’s Automatic Cutoff Actually Works
Georgia’s Power of Attorney Act sets this rule in O.C.G.A. ยง 10-6B-10(b)(3). Here is the rule in plain terms. If your agent is your spouse, and a divorce, annulment, or separation case gets filed, your agent’s power ends right then. That happens unless your document says otherwise.
One word in that rule matters most: “filed.” The law does not wait for your divorce to be final. It does not wait for a judge to sign anything. It starts the day someone files the divorce paperwork. That can be many months before the case actually ends. Say you filed for divorce in January. Say your case did not finish until October. Your ex’s power as your agent still ended in January.
The same rule covers three things. Divorce. Annulment. And legal separation.
The One Exception That Could Change Everything: Old Documents
Georgia’s current Power of Attorney Act only covers documents signed on or after July 1, 2017. Did you sign yours before that date? Did you never replace it? Then this automatic cutoff does not cover you. Your document follows the older law from when you signed it. That older law had no such automatic rule.
This matters most if you divorced a long time ago and never updated your paperwork. If your power of attorney is more than nine years old, do not assume you are covered. Check the date on your document. Or ask an attorney to check it for you.
Why “Technically Ended” Does Not Mean “Problem Solved”
Say the automatic rule does cover your document. That only settles what the law says. It does not settle what your bank or hospital actually knows. A bank that has no idea your divorce happened can still let your ex act under the old document. The bank is acting in good faith, so Georgia law protects it for doing so.
Here is what that means in real life. Your ex walks into your bank with the old power of attorney. Nobody told the bank about your divorce. The bank can still let your ex act on your account. The bank has broken no law. The termination is real. But it only helps you once your bank and your doctor actually know about it.
This is the gap between “my ex’s power is over” and “my ex cannot actually do anything.” Closing that gap takes one more step: signing a new power of attorney that names a current agent, which gives your bank and doctor a clean record to rely on.
The Other Way Your Ex Could Still Have Power: The Document Says So
A small number of powers of attorney are written on purpose to survive a divorce. Some couples do this for a business reason. Some do it for a specific family situation. If your document says your agent’s power continues after a divorce, the automatic cutoff does not apply. Your ex genuinely still has power over your finances.
Read your original document. Or have an attorney read it for you. Look for this kind of language. Most standard powers of attorney do not include it, but it is worth checking rather than guessing.
What to Do Now to Close Every Gap
1
Check the Date on Your Current Power of Attorney
Find the signature date on your document. Is it before July 1, 2017? Then the automatic protection does not cover you, and your ex may still hold real power today.
2
Read the Document for Survive-Divorce Language
Look for a sentence saying the agent’s power continues after a divorce. If it is there, the automatic rule cannot help you.
3
Sign a New Power of Attorney Naming Someone You Trust
A new document removes all doubt. It replaces your ex with a current agent. It also gives every bank and hospital a clean record to rely on. A new power of attorney at The Hive Law is a flat $550. See the full cost breakdown here.
4
Send the New Document to Every Institution That Had the Old One
Give a copy of your new power of attorney to your bank and your doctor’s office. Give it to anyone else who was relying on the old one. This step is what actually protects you day to day. It tells them your ex’s power is gone.
If you want a public record that your ex was notified, you can send your revocation notice by certified mail and file a copy with the clerk of superior court in your home county. This step is optional, but it creates proof of when your ex actually learned their power had ended.
This is also a good time to check your other documents. A full post-divorce review covers what else still needs updating, including your beneficiary forms and healthcare directive.
Getting Help With the Rest of Your Plan
Your first call is free, about 15 minutes, and happens by phone with Shawn. If you move forward, your next step is the Design Meeting with Shawn and Melissa, which is credited toward your plan.
Your power of attorney is one piece of a bigger picture. If your divorce happened years ago, check your beneficiary forms too. Georgia’s automatic fix for wills does not reach those either. For the full list of what a divorce does and does not fix on its own, see our Family Structures hub. Or read about the other common assumption divorced parents make about their ex’s rights.
