Legal Question in Wills and Trusts in Massachusetts
2 wills and 2 powerof attorney
My mother and i are the only survivors of our family.
When i was away, 1998, she gave durable power of attorney to my father's sister, and wrote a will.
In 1999, she decided this was a bad idea and wrote a new will and durable power of attorney given to me. She asked my aunt to give the old poa and will back, but she refused to do so. Now it appears my aunt is using her poa.
what can my mother do to get this back?
1 Answer from Attorneys
Re: 2 wills and 2 powerof attorney
Your mother can revoke the POA given to your aunt merely by executing a Revocation of Power of Attorney, a simple form, and giving it to your aunt and anyone else who may deal with your aunt. Once the POA is revoked and your aunt has knowledge of the revocation, her use of the POA is illegal. If the POA given to you contains the usual language that "this POA revokes any previous power of attorney of mine", or similar, then the POA given to your aunt is invalid. The practical problem is informing those persons and institutions who may be given the previous POA without realizing it has been revoked; therefore, your aunt should be formally served the new POA or a revocation. You may wish to consult an attorney to assist you in this matter.
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