Legal Question in Wills and Trusts in Massachusetts

Re: Durable vs. General Power of Atty.

A Durable Power of attorney has language referring to a statute that allows it to remain valid even if the person who gave it becomes incompetent which would render a NON-Dirable POA void. It may be a general or Special (i.e. Specific to named acts) POA.

A General POA made after it would not supercede the Durable POA unless it contained language specifically revoking the DPOA or there was a properly executed written revocation of the DPOA.

If in doubt take both to an attorney for review.

Re: Durable vs. General Power of Atty.

A general power of attorney is active while a person is competent and ceases to be valid when they become incompetent. a DPOA usually does not become effective until a person is unable to handle their own affairs either physcally or mentally. Both can be valid until one is revoked by the person granting the power.

You may want to contact an attorney to review the POA and DPOA, and make a recommendation as to what to do about one or the other.