Legal Question in Wills and Trusts in Massachusetts
ppowe of attorney
7 years ago my oldest brother was made power of attorney for my mother due to a stroke. my question is is this power of attorney still in effect or do we have to renew it as our mother's health is failing again?
2 Answers from Attorneys
Re: ppowe of attorney
To be on the safe side, you should renew it if that is feasible. It is questionnable, depending on the language of the power of attorney, whether it would still be valid.
Re: ppowe of attorney
The answer depends on the wording of the Power of Attorney document. If a Durable Power of Attorney was executed then it is generally not effected by subsequent disability and therefore would still be valid. Most POA's contain a clause that states the power is valid until death or revocation by the person appointing the attorney. You should carefully review the document to determine if it is still valid. Lastly, your questions asks about renewing the power. If the POA is not valid anymore, your mother would need to draft and execute a new power of attorney. There is no procedure to "renew" the power. Your mother would need to be competent (of sound mind) in order to properly execute a new POA. This is sometimes an issue when dealing with someone who has health problems and is in failing health.
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