A Massachusetts power of attorney revocation form is designed to formally end a previously established power of attorney (POA) agreement. This legal document is necessary when the principal decides to terminate the authority granted to their agent.
In Massachusetts, termination must be documented in writing and delivered to the former agent. It’s vital to include details of the initial arrangement and have the revocation signed, preferably in the presence of a notary public for validation.
Once completed, it’s crucial to inform the ex-agent and any third parties that might have relied on the original POA, ensuring they are aware it is no longer in effect. This safeguards the principal from unintended actions taken under the assumption that the POA is still active.
Legal Considerations
Statute – § 5-504
Signing Requirements – Two witnesses and/or notary public (recommended).
Revocation and Termination
You can revoke your document by creating a new POA. Specify that the new form will revoke any previous powers and name a new agent.
If you prefer to revoke it via a revocation form, follow these steps:
- Write a revocation letter clarifying that the former agent’s powers are now invalid.
- Sign your name and consider having someone bear witness to your signature.
- Notify the former attorney-in-fact and any third parties.
- Record the revocation in your local Registry of Deeds if the original revocation deals with real estate.
Considerations
- If the attorney-in-fact acts on the principal’s behalf but is earnestly unaware of the power of attorney revocation, their acts (which were made in good faith) will remain valid unless otherwise unenforceable (§ 190B:5-504).
- If the attorney-in-fact signs an affidavit stating they didn’t know about the termination of their power by revocation or the principal’s death, disability, or incapacity, their signed statement will serve as conclusive proof they acted in good faith (§ 190B:5-505).
- Unless the document states a time of termination, the power is exercisable notwithstanding the lapse of time since the document’s execution.
Fees
- Notary: Notarization is recommended with fees in Massachusetts ranging from $1.25 to $10 per signature.
- Recording: If you recorded your original POA at the Massachusetts Registry of Deeds, you can revoke it there, too. Recording fees vary by county but are usually between $75 and $125.
Related Forms
Durable Power of Attorney Form
Signing Requirements: Principal, two witnesses and notary public (recommended).
