Submitted by Anonymous on Tue, 02/23/2010 - 08:47
I have a durable power of attorney that references Massachusetts General Laws Chapter 201B. It says that the Power of attorney "incorporates" the powers listed in Chapter 201B. Now my brother in law tells me that he read that such a power of attorney will be invalid soon because of the new Uniform Probate Code adopted by Massachusetts. Is he correct?
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Editor's Response
He may have a point. The new probate code takes effect in stages with phase two coming in 2011. Chapter 201B is being repealed and the new section dealing with durable powers of attorney is Chapter 190B, Sections 5-501-5-507. I'm honestly not sure if your power of attorney will be invalid after that point, but I would contact your estate planning attorney about executing a new one. My guess is that if your power of attorney specifically references Massachusetts General Laws Chapter 201B, it should be replaced, just to be on the safe side. I doubt if he or she will even charge you for such a minor update in your estate plan. Even if there is a small charge, as you may have read in some of our other posts, a durable power of attorney can become 'stale' or dated, so it's not a bad idea to do a new one every few years. Good luck.