The Massachusetts Power of Attorney is the written acknowledgment of one’s decision to give special powers to another person or entity so that they may operate on their behalf. The individual who grants the authority, known as the “principal”, has the ability to offer powers relative to their estate, medical decisions, or child’s care depending on the type of POA executed. After the completion of the form, the party receiving the authorization, known as the “agent” or “attorney-in-fact”, will have the ability to act in their place upon presenting the document to the institution in which the performance is to occur. Most POA instruments will require the same method of completion which would entail; the recording of both parties’ information, a description of the powers that are to be granted, and the signature of the principal (which will typically need to occur under the review of witnesses and/or a notary public).
Laws
Statutes – Chapter 190B, Article V: Sections 5-501 – 5-507
Current Bill – H.1598: An Act Relative to the Uniform Power of Attorney Act
Definition – “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.” (§ 5-501)
Signing Requirements – Massachusetts Law does not contain a statute dictating any obligations for signing a POA, but it is highly recommended that grantors sign it under the observation of two (2) witnesses and/or a notary public.
Revocation – Granting parties who wish to revoke the powers delivered within a previous POA document must provide their agent with written notice of the termination (§ 5-504).
By Type (11)
- Advance Directive (Medical POA & Living Will)
- Durable (Financial) Power of Attorney
- General (Financial) Power of Attorney
- Limited (Special) Power of Attorney
- Living Will
- Medical Power of Attorney
- Minor Child Power of Attorney
- Motor Vehicle Power of Attorney
- Real Estate Power of Attorney
- Revocation of Power of Attorney
- Tax Power of Attorney
Advance Directive (Medical POA & Living Will) – Incorporates the benefits of a living will & medical POA so that the principal can declare their wishes for critical health care decisions and also assign a representative to make choices for them at the time of incapacitation.
Download: PDF
Signing Requirement: Acknowledgment of Two (2) Witnesses (201D § 2)
Durable (Financial) Power of Attorney – This is the most frequently carried out POA form which allows users to grant powers relative to their estate. The unique feature regarding this document is the fact that it does not terminate upon the grantor’s incapacity.
Download: PDF, Word (.docx)
Signing Requirement: Acknowledgment of Two (2) Witnesses and/or Notary Public Recommended
General (Financial) Power of Attorney – Offers an array of financial access to the attorney-in-fact so that they may accomplish tasks in the principal’s place. (Becomes null and void upon the executor’s incapacitation.)
Download: PDF, Word (.docx)
Signing Requirement: Acknowledgment of Two (2) Witnesses and/or Notary Public Recommended
Limited (Special) Power of Attorney – Those who wish to narrow down the scope of authority may utilize this document to insert their own custom powers.
Download: PDF, Word (.docx)
Signing Requirement: Acknowledgment of Two (2) Witnesses and/or Notary Public Recommended
Living Will – Also referred to as a “personal directive”, this document serves as a declaration of one’s desires concerning end-of-life care. (This form is not legally binding.)
Download: PDF
Signing Requirement: Principal Signature Recommended
Medical Power of Attorney – Identified in the state of Massachusetts as a “health care proxy”, this instrument is capable of assigning a third (3rd) party the right to make judgment calls for the issuer when they are unable to act for themselves.
Download: PDF
Signing Requirement: Acknowledgment of Two (2) Witnesses (201D § 2)
Minor Child Power of Attorney – The state’s version of this form, the “Caregiver Authorization Affidavit”, sanctions an agent to act as the parent of a child so that they can fulfill needed tasks associated with the minor’s education and medical care.
Download: PDF, Word (.docx)
Signing Requirement: Acknowledgment of Two (2) Witnesses & Notary Public (201F § 5)
Motor Vehicle Power of Attorney – Individuals who need the assistance of another to manage transactions related to an automobile may accomplish this form to grant them the power to receive and sign documentation relevant to titling, registration, transfer of ownership, etc.
Download: PDF, Word (.docx)
Signing Requirement: Acknowledgment of Two (2) Witnesses and/or Notary Public Recommended
Real Estate Power of Attorney – A type of limited POA that issues powers to an agent so that they can perform duties corresponding to real property.
Download: PDF, Word (.docx)
Signing Requirement: Must be acknowledged by a notary public if there is a conveyance of registered land (state memo).
Revocation of Power of Attorney – A written statement conveying the cancellation of an established POA.
Download: PDF, Word (.docx)
Signing Requirement: Acknowledgment of Two (2) Witnesses and/or Notary Public Recommended
Tax Power of Attorney – A state-issued form that expresses a taxpayer’s desire to grant access related to tax matters to a representative of their choice.
Download: PDF
Signing Requirement: Must be signed by the taxpayer and their representative(s). (Acknowledgment of two (2) witnesses and a notary public required if the representative is not an authorized tax agent.)