How to Rescind a Power of Attorney in Massachusetts
Previously you established a power of attorney in the Commonwealth of Massachusetts. You now want to rescind a power of attorney in Massachusetts. There is a fairly simply process to follow when it comes to terminating a power of attorney created in the Commonwealth. Although not a complicated process, it is important to follow the procedure set forth by law in order to ensure the proper termination of a power of attorney.
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Instructions
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Prepare a statement that you desire to rescind a power of attorney. Pursuant to Massachusetts law, include the exact date on which that power of attorney went into effect and the name of the individual named as your agent. Sign the document in front of a notary public as required by Massachusetts law.
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Send a certified letter or hand-deliver a written notification to the individual who is your current agent named in the existing power of attorney. Include a copy of the document formally revoking power of attorney.
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Request that the agent return to you immediately the original power of attorney.
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Destroy the power of attorney document by tearing it in half, shredding it or obliterating the signature block. Although the power of attorney technically terminated when you signed the document to rescind power of attorney in Massachusetts, if a financial institution is presented with the original and is unaware of the termination, it can and will follow the directives of the "agent."
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Deliver a copy of the document rescinding your power of attorney to all financial institutions or other entities that were advised previously of the existence of your power of attorney. Because time can be of the essence, consider arranging to have the document to terminate power of attorney hand-delivered.
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Maintain the original document to rescind a power of attorney in your records.
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