Boston, MA asked in Estate Planning for Massachusetts

Q: I need to remove the backup name I put down in my POA in case my daughter is incapacitated. can I cross it out?

I have to remove the name of my alternate POA because she no longer could perform that duty, and I don't understand why that requires a $500 fee. If I scratch out the name and have a witness sign it, why would this be a problem?

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1 Lawyer Answer
Michael M Marques
Michael M Marques
  • Estate Planning Lawyer
  • Boston, MA
  • Licensed in Massachusetts

A: Since the power of attorney document presumably specified, by its terms, how the power of attorney and backup power of attorney would take responsibility, crossing out a name would appear to change the terms of the document. This may raise questions as to your specific intent. Clarity is key in legal documents. In this case, it may be prudent to execute a new document.

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