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 financial 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.
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.”
- Statute: Massachusetts Gen. Law, Part II, Title II, Chapter 190B, Article V.
- Presumed Durable: No (Massachusetts Gen. Law § 5-501).
- Signing Requirements: 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 a minimum, the principal should sign and date the form.
- Notarization: Not required.
- Statutory Form: No.