What Is a Power of Attorney (POA) in Massachusetts?
A Massachusetts power of attorney is a legal document that gives someone else the authority to act on your behalf. The person giving the authority is called the principal, and the person receiving it is the agent or attorney-in-fact.
In Massachusetts, a power of attorney can cover medical decisions, financial matters, legal tasks, and other specific needs. It all depends on the powers you choose to give.
The best time to set boundaries is before you need them. That’s exactly what a power of attorney lets you do. If you live in Massachusetts and want to make sure someone you trust can step in when needed, a POA helps you put that in place.
Our free power of attorney Massachusetts forms are easy to complete, adapt to your situation, and follow state requirements. Just answer a few quick questions and download your custom-ready form in minutes.
What Are the Types of Power of Attorney in Massachusetts?
Not every situation calls for the same type of support. The right power of attorney depends on the authority you want to hand over. Below are the main types and how each one works.
Durable Power of Attorney
A durable POA lets someone continue acting on your behalf even if you become incapacitated. It’s often used for managing long-term financial, legal, or property matters.
Under MA Gen L Ch 190B § 5-501, powers of attorney are not presumed to be durable, and the POA must include specific wording to be considered durable in Massachusetts. Common phrases include:
- “This power of attorney shall not be affected by subsequent disability or incapacity.”
- “This power of attorney shall become effective upon the disability or incapacity.”
The second line creates a springing POA. It only takes effect upon the occurrence of a certain event, such as when you can no longer make decisions yourself.
If the POA includes the necessary language to make it durable, your agent’s actions during your incapacity are legally valid. Under MGL Ch 190B § 5-502, those actions carry the same weight as if you made them yourself. If there’s no end date on the form, the authority lasts indefinitely unless you die or cancel it.
Non-Durable (General) Power of Attorney
A non-durable power of attorney is valid only when you can make decisions for yourself. If you become incapacitated, it automatically ends.
It works well for short-term needs or routine financial tasks. But if you want someone to keep handling things during an emergency or serious illness, you’ll need a durable POA instead.
MGL Ch V § 5-504 adds one exception. If your agent in a non-durable POA doesn’t know you’ve lost capacity and acts in good faith, their actions may still count. Once they learn you’ve become incapacitated, their authority ends.
Limited (Special) POA
A limited power of attorney in Massachusetts lets you authorize someone to handle a specific task. It’s useful when you can’t be there in person. You decide what the agent can do and how long they have that power. The authority is narrow and ends when the job is done. Here’s how you can use a limited POA:
- Real estate transactions: let someone manage a specific deal and sign documents on your behalf under Massachusetts law.
- Vehicle registration and title work: allow someone to complete Registry of Motor Vehicles (RMV) paperwork, register a car, or transfer a title.
The document must include:
- A clear description of the task or powers granted.
- A start and end date or a condition that ends the POA.
Your agent must follow your instructions and act in your best interest. They can’t go beyond what the document allows. You can cancel it at any time if you still have capacity, and it ends after the event is completed.
Medical POA
In Massachusetts, a medical POA is officially known as a healthcare proxy. It lets you name someone to make medical decisions if you can’t speak or decide for yourself. It only takes effect when a doctor confirms in writing that you can’t make or communicate decisions.
Under MGL Ch 201D § 2, any competent adult 18 or older receiving care in Massachusetts can create a health care proxy. When naming someone as your agent:
- You can choose any adult unless they work at your care facility and aren’t related to you.
- You may also name an alternate agent as a backup.
- Your agent can review your medical records and make decisions, including those about life support.
- They must follow your stated wishes, or act in your best interest if your wishes aren’t clear.
A medical POA, or health care proxy, doesn’t cover everything. Here are a few gaps to keep in mind:
- Mental health treatment: A proxy doesn’t automatically include it. You can add preferences, but Massachusetts has no law for psychiatric advance directives. A 2019 bill didn’t pass, so there’s no official form or process.
- Emergency care: EMS must perform CPR unless they see a valid Massachusetts Medical Orders for Life-Sustaining Treatment (MOLST) or Comfort Care/Do Not Resuscitate Order Verification (CC/DNR) form. If your agent is present with the proxy, they can override the MOLST or DNR order.
To cover more ground, you can also create a living will, called a personal directive in Massachusetts. It’s not legally binding, but it helps your doctors and loved ones understand your wishes during a serious illness.
Tax POA
Form M-2848 is the official Massachusetts tax power of attorney. It lets you authorize someone to speak with the Department of Revenue (DOR) about your state tax matters. This person can ask questions, send documents, and respond to notices on your behalf.
You decide what access they get. You can list specific tax types and years, or write “all tax types” and “all tax years” to give them full access. You can also name more than one representative if needed. There are a few limits to know:
- The representative can’t access your MassTaxConnect account unless you give separate permission online.
- They also can’t receive your tax refund. It still goes directly to you.
Also, keep in mind that you only need to file the form if you’re dealing with the DOR on an active issue.
Temporary Agent Appointment for Children
Massachusetts law lets a parent or legal guardian name someone to care for their child for up to 60 days. This is known as a temporary agent appointment, based on MGL Ch V § 5-103.
While it’s similar to a power of attorney, it isn’t technically one. It gives someone short-term authority to handle everyday caregiving, not legal or financial matters. There are limits to what the agent can do:
- They cannot make decisions about marriage or adoption.
- You can only use this if the other parent agrees or isn’t available to provide care.
This option is useful if you’re temporarily away, recovering from illness, or unable to care for your child for a short time.
Durable (Financial)
Remains valid if the principal becomes incapacitated, whereas a non-durable power of attorney does not.
Signing Requirements: Two witnesses.
Medical
Provides legal clarity to doctors and caregivers on how to manage your care if you are unable to make decisions yourself.
Signing Requirements: Two witnesses (M.G.L. ch.201D §2).
Limited (Special)
Allows you to give powers to an agent for a certain task (such as signing paperwork), and typically ends when the task has been completed.
Signing Requirements: Two witnesses.
Non-Durable (General)
Gives an agent broad powers to handle your day-to-day financial affairs.
Signing Requirements: Two witnesses for a minor principal; no requirements for an adult.
Springing
The document "springs" into effect in a certain situation, and ends at a time you specify (such as if you become incapacitated).
Signing Requirements: Two witnesses,
Tax (Form M-2848)
Nominates a third party to represent you in your tax affairs, including filing taxes.
Signing Requirements: Two witnesses and a notary public.
Motor Vehicle
Allows an authorized agent to perform vehicle-related tasks on behalf of the owner.
Signing Requirements: Principle, agent and a witness per owner signature.
Real Estate
Use this to appoint an agent for real estate tasks like selling or managing property.
Signing Requirements: Two witnesses and a notary public.
Minor (Child)
Allows parents to designate a guardian for their child, granting them limited authority for up to 60 days.
Signing Requirements: Two witnesses.
Revocation
Use to revoke a previous power of attorney, allowing the principal to terminate the agent’s authority.
Signing Requirements: Two witnesses and/or notary public (recommended).
What Are the Requirements for Power of Attorney in Massachusetts?
Power of attorney Massachusetts forms need to name the principal and agent, list the powers given, and be signed. Some types also need witnesses or a notary. Every power of attorney that Massachusetts residents use has to meet the rules for that specific type. Here’s what each one requires:
| POA Type | Requirements | Citation |
|---|---|---|
| Durable POA | No witness or notary required by law, but notarizing or witnessing adds protection. | MGL Ch V § 5-501 |
| Non-Durable POA | No witness or notary required, but it's smart to have someone present to confirm the signing | MGL Ch 175 § 94l |
| Motor Vehicle POA | • You and your agent both need to sign the document. •Each owner needs a separate witness. | N/A |
| Real Estate POA | • Must be in writing • Signed by the principal • Acknowledged before a notary public • If it involves registered land, it must be filed and registered with the appropriate Registry District • Witnesses are not required if the document is properly notarized | MGL Ch 201D § 2 |
| Temporary Agent for Children | • Must be in writing • Signed by the parent or guardian (or at their direction) • Attested by two adult witnesses (18 or older, not the agent) • Includes the agent's written acceptance | AP 614 |
| POA Revocation Form | • The principal must give written notice to revoke a power of attorney (POA). • The notice must actually be received by the agent or third party to be legally effective. • If the POA relates to real estate, the revocation must also be recorded with the proper registry. | Power of Attorney for Title & Registration Application |
Each type of POA in Massachusetts has its own rules, so it’s important to follow the right steps for your situation.
How to Get a Power of Attorney in Massachusetts
Setting up a power of attorney in Massachusetts is simpler than many people expect. With the right form and a few clear actions, you can give someone the authority to act on your behalf. Here’s how it works.
1. Choose the right form
Different situations call for different types of POA in Massachusetts. For example, Form M-2848 is required for tax matters. That’s why we offer free power of attorney Massachusetts forms for medical, financial, real estate, and limited-use needs.
2. Fill it out carefully
Make sure every section is complete before you sign. Most forms need two witnesses. Some, like the tax POA, also require a notary if your representative is not a licensed tax professional.
3. Submit it or store it safely
Some forms don’t need to be filed; just keep them in a secure place. Others must go to the right agency:
- DOR: Upload through MassTaxConnect, email, or fax.
- RMV: Upload online or bring it to a Service Center.
How Long Does a Power of Attorney Last in Massachusetts?
A power of attorney in Massachusetts stays in effect until the expiration date passes, the predetermined event occurs, it is revoked, or the principal dies. How long it lasts depends on the type:
- Non-durable POA: Ends if the principal becomes incapacitated.
- Durable POA: Remains valid during incapacity, but only if the form includes specific language that makes it durable.
- Medical POA: Ends if you revoke it, regain decision-making ability, pass away, or divorce your agent spouse. You can revoke it by telling your doctor or agent, destroying the form, or signing a new one.
- Tax POA: Ends when you revoke it, submit a new one for the same issue, or when the tax matter is resolved. POAs tied to tax returns or Form ABT apply only to the listed years.
- Limited POAs: Ends when the assigned task is done or the form’s expiration date passes, whichever comes first.
- Temporary Agent for Children: Valid for up to 60 days.
In all cases, the POA must be in writing. Massachusetts law doesn’t recognize verbal agreements.
Who Can Override a Power of Attorney in Massachusetts?
In Massachusetts, only the principal can revoke a power of attorney if they are still mentally competent. The revocation must be in writing, and anyone who received a copy should be notified. A new power of attorney can replace the old one, but only if it clearly says so. If not, both may stay active. Courts can also step in if:
- The agent misuses their authority
- The principal becomes incapacitated without a durable POA
Medical POAs follow different rules. For example, according to MGL Ch 201D § 7, a healthcare proxy can be canceled by speaking, writing, or clearly showing you want to end it. You don’t need to put it in writing like with a regular power of attorney.
According to MGL Ch 190B § 5-504, if an agent acts without knowing the POA was revoked or that the principal has died or become incapacitated, their actions may still be valid. If they act in good faith, the law protects them. They can also sign an affidavit to confirm they weren’t aware of the revocation at the time they acted.
