Durable Power of Attorney Form | Massachusetts

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Updated on May 5th, 2023

A Massachusetts durable power of attorney form is used to appoint an attorney-in-fact to have the full power and rights to handle any type of monetary-related action or decision on the principal’s behalf. This arrangement is not affected by any subsequent disability or incapacity of the principal. By executing a durable power of attorney, the principal can ensure that their affairs will be managed by a trusted individual during any period of incapacitation that may arise due to illness or old age.

Legal advisors will often state that it is a good idea to elect a secondary agent, in case the first choice is unavailable. A spouse is a common choice to serve as an attorney-in-fact. In Massachusetts, however, the agreement doesn’t automatically end upon a divorce. The principal must formally revoke the agreement for it to be terminated.

Laws

  • “Durable” Definition (§ 5-501(a)) –  A durable power of attorney is a power of attorney by which a principal designates another his attorney in fact in writing and the writing contains the words ”This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time,” or ”This power of attorney shall become effective upon the disability or incapacity of the principal,” or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal’s subsequent disability or incapacity, and, unless it states a time of termination, notwithstanding the lapse of time since the execution of the instrument.
  • Statute § 5-501(a) (Article V: Protection of Persons Under Disability and Their Property)
  • Signing Requirements – Notary public and/or two witnesses recommended.