A Massachusetts power of attorney is a document that allows somebody else to act on your behalf for medical, business, legal, real estate, or tax issues. The person assigning power is the “principal,” and the person chosen to make decisions is the “agent.” It is essential to note that a power of attorney form must comply with Massachusetts state laws.
Laws
Statute: Chapter 190B, Article V of the Massachusetts General Laws.
By Type
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).
