If you have previously established a power of attorney in Massachusetts, naming someone else as an agent and wishing to update this, it’s recommended that you do so under the guidance of an experienced attorney. You have the right to rescind your Massachusetts power of attorney document at any point in time, so long as you are legally competent.
If the power of attorney, however, is not successfully rescinded, the agent that you originally appointed could still be eligible to make decisions on your behalf.
This is why it is so important to schedule a consultation with an attorney you can trust when you believe you need to update your existing Massachusetts power of attorney document.
If you are concerned that the named agent may try to continue to use your old power of attorney, one of the most important things you can do is write a clear statement revoking the power of attorney and sign it. Your estate planning attorney can help.
In such a case, refer to the date of the original power of attorney and use the words revoke or rescind to explain the update you are making. Furthermore, it’s important to include the date on which you wish the revocation to take place which could list a specific future date or state that the power of attorney is to end immediately. Make sure that the date is included on the letter so that the other party can see it.
Any other documents or property associated with the power of attorney should be referenced in this revocation notice so that the person has the opportunity to return them to you. If you are curious about drafting or updating power of attorney documents in Massachusetts, schedule a sit down conversation with a lawyer today.
