Should I have an alternate "true lawful attorney" for my Power of Attorney?
Full Question:
I have named my wife as my "true lawful attorney" in my Durable Power of Attorney. Should I name an alternate in case she is unable to act in this capacity? If so, how?
01/03/2007 |
Category: Power of Attorney |
State: Massachusetts |
#97
Answer:
Language such as the following can be used:
If John Doe ceases to act as my Agent due to death, incapacity, or resignation, I appoint, Mary Smith of (street address, city, county, state, zip code) to serve as my Agent.
Rather than to trying to amend your present power of attorney, it is generally less confusing to just execute a new power of attorney with the new language.