The 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 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 not available. 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 in order for it to be terminated.
Laws – § 5-501(a), Article V: Protection of Persons Under Disability and Their Property § 5-501 through § 5-507
Signing Requirements – Notary Public and/or Two (2) Witnesses recommended.