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Should I have an alternate "true lawful attorney" for my Power of Attorney?

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?

Category: Power of Attorney
Date: 04/07/2025
State: Massachusetts

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.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can you have an alternate power of attorney?

Yes, you can name an alternate power of attorney in your Durable Power of Attorney. This ensures that if your primary agent is unable to act due to reasons like incapacity or death, the alternate can step in. It's recommended to clearly specify the alternate's name and details in the document.

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