How to Rescind a Power of Attorney in Massachusetts
Write a clear statement revoking the power of attorney., Include the date that you want the revocation to take place., Request the return of any documents or other property that accompanied the power of attorney., Get your signature notarized, if...
Step-by-Step Guide
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Step 1: Write a clear statement revoking the power of attorney.
There is no required form, application, or other document that you must use to revoke or rescind a power of attorney in Massachusetts.
Just write a simple statement or letter to the person who previously held your power of attorney (this person is known as your attorney-in-fact).
The statement should be addressed to that person and should clearly state that you revoke the prior power of attorney.To be clear, you should refer to the date of the original power of attorney.
A sample notice would say something like, “To John Smith, This letter is to notify you that I hereby revoke or rescind the power of attorney that I granted to you on July 1,
2016.” -
Step 2: Include the date that you want the revocation to take place.
Be specific and clear in wording this.
If you are ambiguous or if you do not include a date at all, there could be some confusion as to when you want the power of attorney to end.Include a sentence in your letter that says, “Your power of attorney is to end on July 31,
2016.” Alternatively, you could say, “Your power of attorney is to end immediately.” If you word your notice this way, you need to make sure to include a date on the letter itself. , If, when you gave the power of attorney, you also provided your attorney-in-fact with your social security card, your child’s birth certificate, or any other official documentation to allow your attorney to represent you, you will need to get those items back.
Ask for them in the letter.You can simply say, “Please return the ______ as soon as possible.” , It is not a requirement to have your signature notarized on a letter revoking a power of attorney.
If you believe that there could be any problem, or if you want the security of having your signature notarized, you certainly may take the letter to a notary public.
There may be a small fee for the service, and you may need to have one or two witnesses along., If you are going to have your signature notarized, then do not sign the letter until you are in the presence of the notary and the witnesses.
Otherwise, sign the letter as soon as you have completed it.
Your notice is not valid without a signature., As soon as you want the letter to take effect, or as soon as you have it prepared, you must deliver it to your attorney-in-fact.
If you are familiar with each other, you may deliver it in hand.
If you are concerned with keeping a formal record of delivery, you may choose to have it sent by certified mail or by a professional courier service.Being able to prove delivery, as of a particular date, could become very important.
For example, if you gave someone power of attorney to manage investments for you during your absence, and then you want that power to stop on a specific time and date, you may need to prove that the notice was delivered and received before that time. , When you revoke a power of attorney, the key is to tell your attorney-in-fact to stop working for you, and also to tell other people to stop relying on that person.
Therefore, you need to notify those other institutions at the same time.For example, if you gave power of attorney to your neighbor to care for your children while you went away on vacation, you probably notified the children’s school or daycare.
When you return, you should notify the school and daycare that you are back and that the power of attorney is no longer valid.
If you had given power of attorney for someone to invest money for you, then when you terminate the power of attorney, you should also notify any investment agencies that your attorney-in-fact was working with.
That way, they will know that the attorney-in-fact no longer has authority to represent you.
It would be a good idea to send these notices by certified mail, in order to keep a record of delivery. , You should keep a copy of the revocation, together with the original power of attorney letter, at least for several months.
You will want to check bank records, investments, or any other indications of actions that your attorney-in-fact may have taken on your behalf.
You should compare the dates of any transactions to the dates of the power of attorney, you make sure that your attorney-in-fact did not exceed his or her authority. -
Step 3: Request the return of any documents or other property that accompanied the power of attorney.
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Step 4: Get your signature notarized
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Step 5: if you wish.
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Step 6: Sign the letter.
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Step 7: Deliver the notice to your attorney-in-fact.
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Step 8: Notify any other individuals or institutions who were aware of the power of attorney.
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Step 9: Maintain copies of the revocation letter for your records.
Detailed Guide
There is no required form, application, or other document that you must use to revoke or rescind a power of attorney in Massachusetts.
Just write a simple statement or letter to the person who previously held your power of attorney (this person is known as your attorney-in-fact).
The statement should be addressed to that person and should clearly state that you revoke the prior power of attorney.To be clear, you should refer to the date of the original power of attorney.
A sample notice would say something like, “To John Smith, This letter is to notify you that I hereby revoke or rescind the power of attorney that I granted to you on July 1,
2016.”
Be specific and clear in wording this.
If you are ambiguous or if you do not include a date at all, there could be some confusion as to when you want the power of attorney to end.Include a sentence in your letter that says, “Your power of attorney is to end on July 31,
2016.” Alternatively, you could say, “Your power of attorney is to end immediately.” If you word your notice this way, you need to make sure to include a date on the letter itself. , If, when you gave the power of attorney, you also provided your attorney-in-fact with your social security card, your child’s birth certificate, or any other official documentation to allow your attorney to represent you, you will need to get those items back.
Ask for them in the letter.You can simply say, “Please return the ______ as soon as possible.” , It is not a requirement to have your signature notarized on a letter revoking a power of attorney.
If you believe that there could be any problem, or if you want the security of having your signature notarized, you certainly may take the letter to a notary public.
There may be a small fee for the service, and you may need to have one or two witnesses along., If you are going to have your signature notarized, then do not sign the letter until you are in the presence of the notary and the witnesses.
Otherwise, sign the letter as soon as you have completed it.
Your notice is not valid without a signature., As soon as you want the letter to take effect, or as soon as you have it prepared, you must deliver it to your attorney-in-fact.
If you are familiar with each other, you may deliver it in hand.
If you are concerned with keeping a formal record of delivery, you may choose to have it sent by certified mail or by a professional courier service.Being able to prove delivery, as of a particular date, could become very important.
For example, if you gave someone power of attorney to manage investments for you during your absence, and then you want that power to stop on a specific time and date, you may need to prove that the notice was delivered and received before that time. , When you revoke a power of attorney, the key is to tell your attorney-in-fact to stop working for you, and also to tell other people to stop relying on that person.
Therefore, you need to notify those other institutions at the same time.For example, if you gave power of attorney to your neighbor to care for your children while you went away on vacation, you probably notified the children’s school or daycare.
When you return, you should notify the school and daycare that you are back and that the power of attorney is no longer valid.
If you had given power of attorney for someone to invest money for you, then when you terminate the power of attorney, you should also notify any investment agencies that your attorney-in-fact was working with.
That way, they will know that the attorney-in-fact no longer has authority to represent you.
It would be a good idea to send these notices by certified mail, in order to keep a record of delivery. , You should keep a copy of the revocation, together with the original power of attorney letter, at least for several months.
You will want to check bank records, investments, or any other indications of actions that your attorney-in-fact may have taken on your behalf.
You should compare the dates of any transactions to the dates of the power of attorney, you make sure that your attorney-in-fact did not exceed his or her authority.
About the Author
Anna Wright
Creates helpful guides on DIY projects to inspire and educate readers.
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