What if you are in the process of a divorce and you were admitted to a hospital? Imagine further that you were unconscious. What if your soon to be ex-spouse was your designated agent for making health care decisions as opposed to your children? That’s not a good scenario.
The same scenario could apply to a durable power of attorney you have executed. While it would be contrary to the standard pre-trial order in Nebraska divorce cases, your future ex-spouse would have a “blank check” and full access to your assets.
My point is this. Once a divorce case is filed, it the best practice to revise all of your estate planning documents. Better safe than sorry.
