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 – Although there is no mention of any signing requirements within Massachusetts’s General Laws, executors of this instrument are highly encouraged to sign it in the presence of at least two (2) witnesses and/or a notary public.

Revocation – The principal must provide written notice of the original POA’s revocation to their attorney-in-fact (§ 5-504).