A Massachusetts non-durable (general) power of attorney is a legal document nominating an agent to make financial decisions on the principal’s behalf.
Whatever powers the principal awards to the agent are only valid while the principal is living and competent. This non-durable document becomes invalid if the principal becomes disabled or otherwise incapacitated. If you want to assign powers that remain valid upon your incapacitation, create a durable power of attorney.
Laws — Gen. Laws of MA Chapter 190-B (Massachusetts Uniform Probate Code).
Durable (Gen. Laws of MA § 5-501)—Massachusetts doesn’t have a presumed durability. Instead, the form must have clear language defining it as durable.
Signing Requirements (Gen. Laws of MA § 5-103) – State law doesn’t specify any signing requirements for an adult principal assigning an agent.
- Consider getting a third party to witness the signature to increase the document’s legitimacy. If a parent or guardian appoints a power of attorney for a minor, they must have two witnesses present during the signing.
