A Massachusetts durable power of attorney form is a document that grants someone (the “agent” or “attorney in fact”) the legal authority to act and make decisions for another person (the “principal”) in the state of Massachusetts.
Unlike a regular non-durable power of attorney (POA), a durable power of attorney (DPOA) stays in effect even if the principal becomes incapacitated and legally can’t make their own decisions.
This form is sometimes referred to as a durable power of attorney for finances, and is used for personal, financial, and business matters. To grant durable power over medical decisions, you need a MA medical power of attorney.
Download a legally-binding durable power of attorney form in fillable PDF and Word formats below, and learn how to use it.
Massachusetts Durable Power of Attorney Requirements
In Massachusetts, power of attorney forms can be made durable by including either the following or similar language:
”This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time.” / ”This power of attorney shall become effective upon the disability or incapacity of the principal.”
Relevant Laws: Massachusetts Gen. Law, Part II, Title II, Chapter 190B, Article V.
Presumed Durable: No (Massachusetts Gen. Law § 5-501)
Signing: Although MA laws don’t specify signing requirements, it’s always a good idea to have the document signed by witnesses or notarized in case you need to prove the validity of the document. At minimum, the principal should sign and date the form.
Notarization: Not required
Statutory Form: No
The durable power of attorney template on this page includes all required language and complies with Massachusetts DPOA laws and regulations.
Massachusetts Durable Power of Attorney Form (PDF & Word)
Use our free Massachusetts DPOA template below to serve as a guide for creating your own durable power of attorney form.
How to Fill Out a Massachusetts DPOA Form
Follow these steps to easily complete our blank durable power of attorney form for Massachusetts:
Step 1: Designate an agent
First, the principal chooses someone they trust to be their agent. It’s critical that the principal fully understands what power of attorney is and the risks involved in giving legal power to another person.
Both parties write their names and addresses at the top of the durable power of attorney form.
Step 2: Grant authority
The principal needs to mark on the form which areas of their life they want to give the agent legal power over. This can be general authority (e.g., operation of a business) or specific authority (e.g., make a loan).
They can also write specific instructions about which actions the agent can perform on their behalf.
Step 3: Ensure your form is durable
For the power of attorney to continue even if the principal is incapacitated, the form must be made durable.
In Massachusetts, you must set your POA as durable on the form.
Step 4: Sign and date the form
Sign and date the form to make it effective. We recommend also having witnesses sign or getting a notary public to authenticate the document in case you need to prove its validity in the future.
Step 5: Give copies to relevant parties
After completing your durable power of attorney form, you need to give your agent a copy of the form. You should also give a copy to third parties where it will be used (such as your landlord, bank, or a state agency). Then, store the original document in a safe place.
How to Revoke a Durable Power of Attorney in Massachusetts
A principal can revoke a power of attorney at any time by completing a revocation of power of attorney form and notifying your attorney-in-fact and any other involved third parties (such as your bank).
Keep in mind that under Massachusetts law, your agent can legally continue acting on your behalf until they’ve received notice of the revocation (Massachusetts Gen. Law § 5-504)
Although a durable power of attorney can’t be revoked if the principal is already incapacitated, it’s possible for a third-party individual to override a power of attorney if they suspect an agent of abuse or negligence.