I work for a nonprofit. They have just announced that each of us must now 'volunteer' at one of our programs o....
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5/23/2012 12:26
by MassWorker |
Hello. My brother was injured in a fall at a store in Massachusetts and the thing ended up in a local small n....
The issue is controlled,or is supposed to be controlled, by the Massac....
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5/22/2012 07:24
by JeromeW |
Hi,
Can you explain the laws around renting your apartment to people with children or looking to have childre....
There are many posts on this forum dealing with MA lead paint law, inc....
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5/21/2012 08:05
by dare2dream |
I am sole guardian for my special needs child. They have visitation with their father. He is not communicating....
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5/21/2012 07:48
by melelllan |
We have been awarded a $200,000 judgement in a probate matter that has gone on for years. The execeutor of my ....
I understand your desire to get a second opinion on this matter. ....
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5/20/2012 16:20
by massconfusion27 |
I received a Summons in the Mail to appear in Court in June for a B & E misdemeanor. I went to the Police Depa....
The answers to your questions are as follows: (1) The police departmen....
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5/19/2012 22:26
by completelyconfused |
The Massachusetts Public Health Council just approved new regulations (105 CMR 309) intended to give healthcar....
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5/18/2012 10:42
by The Editor |
I'm supposed to go to my SSDI hearing next week before an administrative law judge and I'm getting very nervou....
You didn't say if you have an attorney or not. If you do not, yo....
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5/17/2012 06:49
by TinaW |
My brother is the power of attorney for my elderly mother. She is demented and often confused about her finan....
Yes, nothing to worry about. The terms Power of Attorney and Att....
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5/14/2012 06:51
by AABates |
Hello. In Massachusetts let’s say I’m paying say $8,000 a year in Child Support to 23. Under the agreemen....
If your Agreement says you should pay child support until the child is....
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5/4/2012 22:18
by divorced_with_children |
Several of my colleagues will dictate consultation notes in which they state they don't have the complete hist....
The question probably boils down to whether or not such practice is wi....
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10/2/2011 18:37
by Anonymous |
Editor's Response
I would execute a new power of attorney rather than trying to amend the old one. I say that for two reasons. First, whether you amend or execute a new power of attorney, you will have to go through these very important steps:
(1) If possible, physically collect the first power of attorney from the original agent and destroy it. If that is not an easy thing to do, such as in a case where the old agent lives out of state, send a letter by certified mail telling the old agent that the power of attorney is no longer valid and asking her to return it to you.
(2) If you gave a copy of your old power of attorney to a financial or other institution, send a certified letter explaining that the original is no longer valid (and provide them with a copy of the new power of attorney, if appropriate), and asking them to return the old document to you.
The second reason I recommend drafting a new power of attorney is that if the document is few years old, financial and other institution will consider the power of attorney 'stale' and may refuse to honor it. Because powers of attorney are sometimes subject to abuse (agents trying to access accounts of people who are no longer alive, e.g.), banks and other financial institutions want to make sure that the named agent is still authorized to conduct business on behalf of the principal. That is, they want to make sure the principal has not died or revoked the power of attorney.
So, in my opinion, do not bother to amend, simply execute a new power of attorney. Good luck.