[MA] How can I revoke a broad power of attorney and appoint a new agent immediately?

Lexi, Chatbot

I understand that dealing with a power of attorney can be quite stressful, especially when the appointed person is no longer competent. Have you already identified a new person to act as your power of attorney?

Lexi, Chatbot

Is the original power of attorney document still in your possession, or has it been filed with any institutions?

Jon

Hello, and thank you for reaching out! I’m Jon, a licensed attorney with over 13 years of experience, here to help.

I understand legal matters can feel overwhelming, but you’re in good hands. My goal is to explain things clearly and guide you toward the best possible solution for your situation.

Just a quick note: our conversation is for general legal information only and does not create an attorney-client relationship.

Can you please tell me which state you’re located in?

Jon

Thanks. Was the power of attorney document a general (broad) power of attorney, or was it limited to specific tasks or decisions?

Jon

I understand. Has the person named as your power of attorney been formally declared incompetent by a doctor or court, or is this based on your personal observation?

Jon

Thanks for letting me know. Are you looking to appoint the new person immediately, or do you just want to revoke the current power of attorney for now?

Jon

Understood! I believe I have all the information I need. Is there anything else you’d like to add before I start working on your answer? If not, I’ll get started right away.

Jon

Got it! I just need a few minutes to put together a complete response for you. It shouldn’t take longer than about 4–5 minutes, and I want to make sure it’s clear and comprehensive. Thanks so much for waiting — I really appreciate your patience.

Jon

In Massachusetts, there’s a clear process for revoking an old power of attorney (POA) and setting up a new one. (MA Gen L ch 201d § 7)

Because you are still competent and you have the original document in your possession, you absolutely can revoke it. The safest way to do this is by preparing a written Revocation of Power of Attorney. The revocation should clearly state:

• Your full legal name
• The name of the prior agent
• The date the original POA was signed
• A clear statement that you are revoking that POA in full

In Massachusetts, you should sign the revocation in front of a notary public. Notarization is strongly recommended to avoid any question about validity.

Even though it is not strictly required, you should also physically destroy the original POA document (shred it) to prevent misuse.

Next, provide a copy of the notarized revocation to:

• The former agent (if possible)
• Any banks or financial institutions where the POA may have been used
• Any other third parties who might rely on it

After revoking the old POA, you can immediately execute a new one. Under Massachusetts law (M.G.L. c. 190B, Article 5), a new durable power of attorney must:

• Be signed by you
• Be notarized

While not required by statute, it is highly recommended to also have two adult witnesses sign. This helps prevent future challenges.

It’s also good practice to have your new agent sign an acknowledgment accepting the role.

You do not need court involvement to revoke the old POA, since you are competent and acting voluntarily.

In summary:

1. Draft and sign a notarized revocation.

2. Destroy the old original.

3. Notify any institutions.

4. Execute a new notarized POA naming your new agent.