You can revoke a power of attorney in Massachusetts by putting the revocation in writing and notifying your agent and others who may rely on the document. Simply deciding that you no longer want the power of attorney in effect may not prevent your agent or a third party from continuing to act without notice.
Revoking a power of attorney can be relatively straightforward, but how you handle the process matters. Taking the right steps can reduce the risk that an outdated document will continue to be accepted by banks, financial institutions, or others.
What Steps Should You Take to Revoke a Power of Attorney in Massachusetts?
If you still have the legal capacity to make your own decisions, you can generally revoke authority you previously granted through a power of attorney.
A written revocation should clearly identify the existing power of attorney and state that you are withdrawing the authority granted to your agent. Depending on the circumstances, you may also want to identify the date of the original document and the agent whose authority is ending.
After preparing the revocation, you should:
- Deliver written notice to the agent named in your power of attorney.
- Notify banks, investment firms, and other institutions that received or relied on the original document.
- Ask your former agent to return copies of the power of attorney.
- Address any recorded copies if the agent had authority involving real estate.
Keeping copies of the revocation and records showing where and when notice was provided can also help establish that the appropriate parties were informed.
Why Is Written Notice of Revocation Important?
Under Massachusetts law, revoking a power of attorney does not necessarily terminate the agent’s authority with respect to someone who acts in good faith without actual knowledge of the revocation.
For a third party other than the agent, Massachusetts law generally requires the written revocation to be actually received before that party is treated as having actual knowledge. For transactions involving real estate, recording requirements may apply.
This makes notification a significant part of the revocation process. You do not want an old power of attorney sitting in a bank’s records after you believe the agent’s authority has ended.
Does Signing a New Power of Attorney Automatically Revoke the Old One?
You should not assume that signing a new power of attorney will fully address an older document.
A new power of attorney may contain language expressly revoking earlier documents, but it is still important to determine who has copies of the previous POA and notify them of the change. Otherwise, multiple documents may remain in circulation, creating uncertainty about who has authority to act for you.
When we update an estate plan, we can review existing documents and determine how the prior power of attorney should be handled.
Can You Revoke a Durable Power of Attorney?
Yes. The fact that a power of attorney is “durable” does not mean that you can never revoke it. Durability generally means that the agent’s authority can continue if you later become disabled or incapacitated.
That distinction makes timing particularly important. If questions have arisen about whether the person who created the POA still has capacity to revoke it, the situation may require additional legal analysis.
Massachusetts law also provides that when a court appoints certain fiduciaries to manage a person’s property, that fiduciary may have authority to revoke or amend a durable power of attorney.
When Should You Consider Revoking or Updating Your Power of Attorney?
You may want to revisit your power of attorney when your relationship with your agent changes or when the document no longer reflects your wishes. Common reasons include divorce or separation, family conflict, concerns about an agent’s financial decisions, or simply wanting someone else to serve.
Even without a major life event, reviewing an older POA can be worthwhile. Financial circumstances change, institutions update their procedures, and the person you chose years ago may no longer be the right choice.
Make Sure an Old Power of Attorney Is Actually Put to Rest
A written revocation is only one part of ending a power of attorney. Proper notice matters, particularly when banks, financial institutions, or other third parties have relied on the existing POA.
At Surprenant, Beneski & Nunes, P.C., we help Massachusetts individuals and families create, review, and update powers of attorney as part of a broader estate plan. If you want to revoke an existing POA, appoint a new agent, or review whether your estate planning documents still reflect your wishes, contact us to schedule a consultation.
