Legal Question in Wills and Trusts in Massachusetts
Power of Attorney
Assuming we have two power of attorney A & B, A is dated
4/3/04 and B is dated 3/15/04. A's power of attorney states that '' This power of attorney will supercede any other prior dated power of attorney'' Does this now make B's power of attorney null and void ?
Asked on 4/08/04, 5:22 pm
2 Answers from Attorneys
Mark Petti
Law Office of Mark D. Petti
Re: Power of Attorney
Yes, unless the grantor was not competant or was unduly influenced to execute the second power of attorney.
Answered on 4/08/04, 6:07 pm
Joseph Murray
Joseph M. Murray, Esq.
Re: Power of Attorney
Yes, if they were both created by the same grantor who remained competent at the creation of the latter and gives notice of the later one to all who had notice of the earlier one.
Answered on 4/08/04, 8:12 pm
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