A Massachusetts Power of Attorney allows the agent to make legal, financial, and medical decisions for the principal.
These decisions can come in many shapes and forms and vary in specificity. Therefore, there are many types and lengths of power of attorney forms. For example, a POA can come in the form of medical, financial, tax, vehicle, or parental powers, among others.
There are many reasons to draft a Massachusetts power of attorney. If the principal wants to prepare for unexpected emergencies, if they are aging, or intend to live out of state, a power of attorney can come in handy.
The principal may use a Massachusetts power of attorney to address a temporary situation. For example, a power of attorney can help with financial tasks, such as a principal who needs an agent to take care of debt. However, agents can be both short-term and long-term. An example is when the principal anticipates a medical emergency. In this case, they can designate an agent to help them decide on their care if they become incapacitated.
It’s advisable for all adults to have a power of attorney for emergency situations. For example, if you become sick or start to have limited mobility, a POA can help you deal with paperwork. Likewise, if you decide to move out of your home, travel to another state, or just find yourself absent from financial duties for a time, then a POA may be beneficial. In short, a power of attorney is a document that allows an agent to take sensible actions for someone incapable. This article will explain all of the available power of attorneys and the relevant laws and processes in Massachusetts.
Editable Forms
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10 Types of POA
A Massachusetts power of attorney is a general term. There are many kinds of power of attorney specific to the actions that the named agent may take. This is to ensure the safety of the involved parties and protect them. The agent can’t assume all of life’s decisions. In general, only the authority specifically provided in the forms is relevant.
This article will cover the ten most popular power of attorney forms in Massachusetts. This article can also find the supporting laws and statutes describing them.
Durable (Statutory) Power of Attorney
Massachusetts has a durable power of attorney that allows the legal authority for financial decisions even when the principal becomes incapacitated. This is a legal document signed before an event occurs that makes it impossible for individual to make their own financial decisions. The relevant laws are in Part II, Title II, Chapter 190B, Article 5.
In Massachusetts, the term durable means that the power to make decisions is not terminated by the principal becoming disabled SS15-14-702(2). This document is beneficial because it allows an agent to take over financial decision-making to avoid conservatorship proceedings quickly. The definition of durable can be found in Section 5-501.
A Massachusetts durable power of attorney can be revoked at any time. It is therefore much more accessible than a conservatorship. Moreover, because the agent has to act in good faith, the person can rest assured that their finances have been taken care of.
Massachusetts law does not have any specific notary requirements when signing a law, although it is typically advisable to sign the document in the presence of two disinterested witnesses. However, any delegation of power is governed by Section 5-103.
Download: Microsoft Word (.docx)
General (financial) Power of Attorney
A Colorado general power of attorney, also known as the financial power of attorney, assigns an agent to make financial decisions for an individual. This allows the agent to take critical financial actions on behalf of the individual. However, this power of attorney differs from the durable power of attorney in that it automatically becomes invalid if the individual becomes incapacitated. The primary statute regarding the general power of attorney can be found at Uniform Power of Attorney Act (§§ 15-14-701 — 15-14-745)
This means that the agent can access the individual’s central finances and banking powers, but usually for a limited time. In general, these types of power of attorneys specify a beginning and end date of authority.
Like many power of attorney documents, this one requires a notary public to be present during the signing (see: CRSA § 15-14-705).
Download: Microsoft Word (.docx)
Limited Power of Attorney
A Massachusetts limited power of attorney is a legally specific document that allows an agent or representative to act on behalf of the principal. However, this limited power of attorney does not grant the agent as much authority as other power of attorneys and is restricted to the competencies mentioned within the document. The statute regarding this form is in Chapter 190B: Massachusetts Uniform Probate Code.
This document is much more specific than others, so it is essential to use precise language to prevent misinterpretation. For example, the principal may grant this power to a real agent to allow them to sell their property. Therefore, all details related to the sale should be included in the document.
There are no specific signing requirements for this power of attorney, as noted by M.G.L.A. 190B § 5-103. However, any delegations in M.A. must be signed by two witnesses, 18 or older, and neither may be the agent chosen.
Download: Microsoft Word (.docx)
Medical Durable Power of Attorney
A durable medical power of attorney (also known as a health care proxy) gives your agent the authority to fulfill your wishes about your healthcare in Massachusetts. This power is critical when the principal is disabled and unable to make decisions for themselves. The laws regarding the health care proxy are found in Chapter 201D (Health Care Proxies).
This document will include specifics about medical treatment procedures. It will also give an agent the authority to sign off on certain decisions. For example, a person may refuse to be resuscitated or use breathing tubes if they have stopped breathing due to a chronic condition.
Apart from making medical decisions, the agent can also access medical records and authorize or deny specific pain relief measures. These health care proxies are customizable to meet the needs of each person.
Many modifications can be made to a medical power of attorney. While a financial POA allows an agent to manage many financial decisions, it does not allow them to do everything. Unless stated in the form, these documents are not intended to cover beneficiary changes. Every power of attorney should always be carefully considered when drafting.
A durable power of attorney can be used to make decisions for an incapacitated principal’s life. However, it expires when the principal dies or is given an expiration date. This is why it is so essential to prepare the form carefully.
In Massachusetts, the health care proxy must be signed by two witnesses for it to enter into validity, as noted by § 201D-2.
Download: Microsoft Word (.docx)
Minor (Child) Power of Attorney
A Massachusetts guardian of minor power of attorney gives the agent the ability to make parental decisions for a child’s behalf if they are unable to do so. This power of attorney is usually granted to a family member but can also be granted to a close friend. § 5-202 has the laws regarding minor power of attorneys.
This document is more superficial than other POAs. It should list the guardian chosen and the children to be cared for. There are no legal requirements for the document to be notarized to take effect.
Download: Microsoft Word (.docx)
Real Estate Power of Attorney
A Massachusetts real estate power of attorney is an important document that gives the agent the authority to handle any real estate proceeding on behalf of the principal. This document can be used to purchase or sell real estate property. However, the agent must have the necessary qualification to handle such transactions. The rules regarding this document are governed by Chapter 183: Alienation of Land.
To validate this power, special instructions must be given for the agent that clearly state the powers. In addition, it is necessary to include information pertinent to the sale, such as the exact address, along with any relevant information. This type of limited power of attorney is crucial to guarantee that the agent acts only about the specific property associated with the document.
Unlike other POAs in Massachusetts, the real estate power of attorney requires two witnesses and a notarization, as denoted in M.G.L.A. 183 § 32; M.G.L.A. 190B § 5-103. A power of attorney can be revoked at any time. By writing to the agent, the principal can request to revoke their power of attorney.
Download: Microsoft Word (.docx)
Revocation Power of Attorney
The power of attorney revocation is a legal document that permits the principal to end any prior POA. If the principal is competent, they can revoke any power of attorney. This allows them to regain control of their finances and medical decisions.
The key to the document’s revocation is that the principal must inform all relevant parties about the expiration of the original power. This includes any financial institutions or medical institutions affected by the document’s powers. An agent who is not notified of the revocation cannot be held responsible for continuing to act within the responsibilities of the original POA.
Download: Microsoft Word (.docx)
Tax Power of Attorney (M-2848)
The tax power of attorney is a specialized financial POA that allows the agent to take care of all tax responsibilities in Massachusetts. It is usually used to appoint a tax filer to complete typical tax proceedings within the state of Massachusetts.
An agent can file taxes for the principal, get tax information and speak on their behalf. A professional tax attorney typically does this. The authority granted must be stated on the document. The document should indicate, for example, whether the agent can receive and divulge confidential tax information. Massachusetts tax power can be tailored to suit the individual’s specific needs.
Download: Microsoft Word (.docx)
Vehicle Power of Attorney
A Massachusetts motor vehicle power of attorney is a simple form that allows an agent to manage any paperwork related to a vehicle. This includes the transfer and payment of registration fees and vehicle liens but only pertains to motor vehicles.
This form can also be completed by a checklist-style. The agent will then mark the powers granted to them upon signing. Again, it is vital to identify the vehicle(s) covered under this document’s competencies. Someone legally allowed to control the vehicle must sign the POA, although it may be an authorized representative if it is a business car.
There are no specific signing requirements for this power of attorney, as noted by M.G.L.A. 190B § 5-103. However, any delegations in M.A. must be signed by two witnesses, 18 or older, and neither may be the agent chosen.
Download: Microsoft Word (.docx)
Springing Power of Attorney
A springing power of attorney differs from other POAs in that the effects are not given immediately after signing. Instead, a power of attorney will be transferred only when a pre-determined event occurs. In most cases, the pre-determined event will be medically-induced incapacitation.
This means that a Massachusetts springing power of attorney can cover any POA. This is a great way to transfer power to someone trusted in case of emergencies. The effects can also end at a specified time if the principal chooses to do so.
Download: Microsoft Word (.docx)
Department of Revenue Power of Attorney
This specific type of power of attorney allows a third party to handle all of the principal’s tax procedures. This can include receiving information from the Revenue Service, as well as filing taxes and representing the principal.
Download: Microsoft Word (.docx)
Massachusetts Requirements for POA
There are several requirements for a POA in the Commonwealth of Massachusetts. These requirements must be met for the power of attorney to be legally binding.
Massachusetts’s law requires that a power of attorney list the full name, social security number, and address of the principal. In addition, all names, and signatures of other parties (agents) should be included. Finally, the date should be included when the agreement was signed and the date acknowledging the time when the powers begin and end.
Two witnesses and the primary individual must sign a POA. In many cases, a notary public can sign the document as well.
How to Get Power of Attorney in Massachusetts?
To establish a power of attorney in the Commonwealth of Massachusetts, the principal and agent must fill out and sign the form. The statute M.G.L. c.190B § 5 establishes the laws and regulations regarding this requirement.
Frequently Asked Questions
Hiring an attorney to establish a POA in Massachusetts is not always required, especially as it can be a costly service. However, both the principal and the agent may have specific questions or concerns, in which case a legal professional may be helpful.
The fees can vary depending on the type of POA needed and the location. However, you can expect to pay between $200-$500.
After establishing a power of attorney in Massachusetts, there are a few steps to take. Most importantly, both the agent and an individual’s financial institutions should be notified and given copies.
The only legal requirement in Massachusetts is to have a power of attorney signed by two impartial witnesses. Notary publics are not typically required, except in real estate affairs. However, it is generally advisable to have a notary sign the documents.
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