Legal Question in Wills and Trusts in Massachusetts

You probably want to talk to a Massachusetts lawyer and draft a new document. As a general rule, you may want to review documents of this nature evvery 4 or 5 years to make sure that there has not been a change in the law or your situation that warrants a revision of the document. While a New York POA should be valid, there may abe other documents that could create problems such as a New York living will. Massachusetts is a health care proxy state and a living will may not help you in this state. I suggest that you have all of the documents relating to your potential incompetency and estate plan reviewed by a local attorney. I can't tell you what to expect to pay for this as each attorney charges differently. I would be happy to meet you to discuss these matters or you can find a lawyer by doing an internet search or using the lawyers listing here on LawGuru.com.

Ten years is a long time to go without updating and reaffirming your wishes in a power of attorney document. Certainly, if you are now living here in Massachusetts, you should have an updated document prepared that comports with Massachusetts law. Even if you were to find your old document, you may find that banks and other institutions are hesitant to honor a 10 year old New York POA.

A power of attorney document can most likely be done for a realtively cheap flat fee - probably about 1-2 hours of an attorneys time. Feel free to contact our office at 617-357-4898 if you would like to discuss further. Chris

A DPOA is a simple thing for the most part and can be done for a flat fee. However, you should have your Will and other Documents reviewed as well. As a general rule this should be done every 5 years and your asset lists should be updated and kept in a file so it is available for your executor.

You should have a Massachusetts Health Proxy done as well and that can be done for a flat fee as well.

While your NY will is probably valid, the issue is what would you change given your current financial and family situation.

You should likewise understand that MA Estate Tax is different from NY Estate Tax rules and make sure you have avoided any unforeseen problems if your gross estate is more than $1 Million, including your home and other assets.

MA Law now prohibits banks from challenging DPOA's of any age so long as they comply with MA Law. Given the relative cost of a DPOA, you should just have a new one done and MA Health Proxy as well.

Please feel free to contact me if you have more questions

To be on the safe side, it might be prudent to contact the New York attorney who drafted the POA and obtain copies of all documents drafted for you so you can have them reviewed by a Massachusetts attorney to be sure they are not in conflict with your current estate planning goals. Good Luck!