- 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
Massachusetts Power of Attorney
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.
It is essential that the signing of the document is viewed by 2 witnesses (Section 5-103) who must also sign the form. (you also need a notary for some forms such as a minor, vehicle, or tax POA). A notary public must also be present at the signing to notarize the document.
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.
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.