Free Massachusetts Power of Attorney (POA) Form

Start a Massachusetts Power of Attorney (POA) form now to appoint a trusted individual to manage your estate, act for you professionally, or make medical decisions on your behalf.

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Last Update November 7th, 2023

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Table of Contents:

Types of Power of Attorney in Massachusetts
How to Get a Power of Attorney in Massachusetts
Massachusetts Power of Attorney Requirements
Massachusetts Power of Attorney Sample
FAQs About Massachusetts Power of Attorney Forms

Types of Power of Attorney in Massachusetts

Before starting a Massachusetts Power of Attorney, it is critical to know what type of POA to create. There are many varieties of these legal instruments, and each grants different kinds of powers from a Principal to an Agent or Attorney-in-Fact.

The most common variants available in Massachusetts include the following examples:

Durable: Durable Power of Attorney documents are invaluable tools for individuals planning how their estate will be managed in their old age, or in the event of sudden illness or disability. They allow the Agent to act for the Principal even if they become incapacitated.
Limited: A Limited Power of Attorney allows a Principal to grant time-limited powers to an Agent. This is usually to allow the Agent to complete a one-off task such as signing a contract.
Medical: Medical Power of Attorney is a durable form of POA that allows a Principal to appoint a person to make medical decisions for them if they become incapacitated
Real Estate: Real Estate POAs are specially tailored documents that let Principals grant powers to an Agent for the purposes of managing real estate.
Vehicle: A Vehicle POA (also known as a DMV Power of Attorney) gives an Agent the authority to transfer ownership of a car or motorbike belonging to the Principal and to manage other issues related to cars and other motor vehicles.
Minor (Child) Power of Attorney: This variety of Power of Attorney allows a Principal to appoint an Agent to take on their legal parental rights for a limited period of time. This could be for work reasons, deployment in the military, or due to an illness.
Tax: A Tax Power of Attorney form enables you to grant authority to an agent to represent you before Massachusetts’s Department of Revenue.

How to Get a Power of Attorney in Massachusetts

A Massachusetts Power of Attorney can be filled-in fully online with our step-by-step form completion survey. All you need to do is answer the questions and add in your own information to create a fully complete POA tailored to your necessities.

Alternatively, the task of creating a POA can be left to a lawyer. However, this is usually a more time-consuming and costly process.

Also, some pre-prepared POA forms can be obtained directly from a Massachusetts Registry of Motor Vehicle or Department of Revenue sites. However, it is recommended to seek the help of an attorney in order to fill the document properly.

Massachusetts Power of Attorney Requirements

In order to make sure your POA is fully valid upon completion and signing, you must make sure that you follow the right steps to prepare your Massachusetts Power of Attorney document before successfully putting it into action.

To do this, you will need to meet the following criteria:

Make sure all the details on the form are correct such as names, addresses, dates, and the powers that are to be granted.
The completed form should be signed by both the Agent and Principal.
If you are signing a Power of Attorney, you will need to have your signature acknowledged by a notary public.
In the event that the POA will be used to manage real estate, the document must be filed with the clerk of the county where the property is located after signing.

In addition to these steps, it is crucial that all the signing parties are legally able to enter into this agreement. This means that they must:

Be over 18 years of age.
Be mentally competent enough to enter into a contractual agreement.
Understand the powers that are being granted.

Lastly, the Agent must be a legal adult or a financial institution with trust powers, a registered place of business within the state and that has the authority to carry out trust business in Massachusetts. They should also be someone that the Principal has full confidence in.

Massachusetts Power of Attorney Sample

Creating and putting a Power of Attorney into action in Massachusetts is a major commitment. It can help to explore an example template first to get a clear idea of what information should be found in your completed document. Our sample MA Power of Attorney below can help you understand the details included in this legal arrangement a little better.

PDF WORD

FAQs About Massachusetts Power of Attorney Forms

It is important to have a good understanding of what Massachusetts Power of Attorney forms can do before filling in your own. Read through our FAQs below to get a better idea of the key information needed, as well as any other special considerations.

What Are Some Uses of a Power of Attorney?

A Massachusetts Power of Attorney is an important legal document that allows you to appoint a trusted individual to act on behalf of you to carry out important activities. Once signed, these legal forms can be used for a number of different purposes depending on their type and listed powers.

These responsibilities include:

Managing your financial affairs
Making medical decisions for you if you are incapacitated
Handling activities for you, such as buying or selling property

Who Should Be Your Massachusetts POA Agent?

When choosing the right Agent for your Massachusetts POA, it is essential to pick a person (or people) that you trust implicitly.

By granting Power of Attorney to someone, you allow them to hold a large amount of responsibility for your financial or even bodily wellbeing. An Agent therefore must be someone you know will take the actions that serve these interests best.

What is the Difference Between a General and a Durable Power of Attorney?

The big difference between a General Power of Attorney and a Durable Power of Attorney is when the powers can and cannot be used. When you create your Massachusetts Power of Attorney as a General POA, its powers can only be used by the agent until they are withdrawn or the Principal becomes incapacitated.

Durable POAs on the other hand can continue to be used after the Principal is incapacitated. This makes them much better documents for estate planning in later life or to provide for medical necessities.

You are only a few steps away from your own Massachusetts Power of Attorney!

Download our professional examples

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Preview of your Massachusetts Power of Attorney

STATUTORY FORM POWER OF ATTORNEY

IMPORTANT INFORMATION

This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Uniform Power of Attorney Act.

This power of attorney does not authorize the agent to make health-care decisions for you.

You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.

Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions.

This form provides for designation of one agent. If you wish to name more than one agent, you may name a co-agent in the Special Instructions. Co-agents are not required to act together unless you include that requirement in the Special Instructions.

If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.

This power of attorney becomes effective immediately, unless you state otherwise in the Special Instructions.

If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.

DESIGNATION OF AGENT

I, _________, with permanent residence address at _________, telephone number _________, and email address _________, name the following person as my agent:

Name of Agent: _________
Agent's Address: _________
Agent's Telephone Number: _________
Agent's Email Address: _________

DURABLE POWER OF ATTORNEY

GRANT OF GENERAL AUTHORITY

I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the Uniform Power of Attorney Act:

- Real property
- Tangible personal property
- Stocks and bonds
- Commodities and options
- Banks and other financial institutions
- Operation of entity or business
- Insurance and annuities
- Estates, Trusts, and Other Beneficial Interests
- Claims and Litigation
- Personal and Family Maintenance
- Benefits from governmental programs or civil or military service
- Retirement plans
- Taxes

LIMITATION ON AGENT'S AUTHORITY

An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.

SPECIAL INSTRUCTIONS

My Agent is entitled to reasonable compensation for services rendered as my Agent.

My Agent is entitled to reimbursement for reasonable expenses incurred in acting under this Power of Attorney.

EFFECTIVE DATE

This power of attorney shall be effective immediately and will continue to be effective until my death, even if I became incapacitated, except as may be provided otherwise by an applicable state statute.

This Power of Attorney may be revoked or terminated by me at any time by providing written notice to my Agent.

RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid.

SIGNATURE AND ACKNOWLEDGMENT

Dated ____________________, _____, at _________, Massachusetts.


___________________________________	_______________
_________	Date

Address: _________
Telephone Number: _________
Email Address: _________

___________________________________	_______________
_________	Date

NOTARY ACKNOWLEDGMENT

Commonwealth of Massachusetts
_________ County

This document was acknowledged before me on	_______________.
	(date)

by ___________________________________
_________

___________________________________
(Seal, if any)

Signature of Notary: __________________________________

My commission expires: _______________________________

IMPORTANT INFORMATION FOR AGENT

Agent's Duties

When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:

(1) Act in accordance with the principal's reasonable expectations to the extent actually known by the agent and, otherwise, in the principal's best interest;

(2) Act in good faith;

(3) Act only within the scope of authority granted in the power of attorney.

Unless the Special Instructions in this power of attorney state otherwise, you must also:

(1) Act loyally for the principal's benefit;

(2) Act so as not to create a conflict of interest that impairs the agent's ability to act impartially in the principal's best interest;

(3) Act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances;

(4) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal;

(5) Cooperate with any person that has authority to make health-care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest; and

(6) Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest based on all relevant factors, including:

(a) The value and nature of the principal's property;
(b) The Principal's foreseeable obligations and need for maintenance;
(c) Minimization of taxes, including income, estate, inheritance, generation skipping transfer, and gift taxes; and
(d) Eligibility for a benefit, program, or assistance under a statute or regulation.

Termination of Agent's Authority

You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:

(1) The death of the principal;

(2) The principal becomes incapacitated, if the power of attorney is not durable;

(3) The principal's revocation of the power of attorney;

(4) The occurrence of a termination event stated in the power of attorney;

(5) The purpose of the power of attorney is fully accomplished; or

(6) The principal revokes the agent's authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney.

Liability of Agent

The meaning of the authority granted to you is defined in the Uniform Power of Attorney Act. If you violate the Uniform Power of Attorney Act or act outside the authority granted, you may be liable for any damages caused by your violation.

An agent that acts with care, competence, and diligence for the best interest of the principal is not liable solely because the agent also benefits from the act or has an individual or conflicting interest in relation to the property or affairs of the principal.

If there is anything about this document or your duties that you do not understand, you should seek legal advice.