A power of attorney in Massachusetts, much like elsewhere, is the legal rights conferred upon citizens to choose someone to represent them in all their affairs or particular matters when they are away or beyond the point, they become incapacitated.
Unlike a will, this legal instrument can be wielded while the one who drafts it is still alive. This article talks a lot more about Massachusetts power of attorney, its types, why you should use one, among others.
Following are some of the important elements of this power of attorney form Massachusetts template:
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- Complete details of all parties involved
- Terms and conditions and duration of PoA
- Conservatorship
- Revocation
- Executorship of PoA What is Massa
Massachusetts Power of Attorney?
This legal instrument is used by an individual who needs someone to act in his/her place when he/she is unavailable. The one who drafts this document is referred to as the grantor or principal while the one selected to represent the principal is known as the proxy, attorney-in-fact or agent.
In Massachusetts, the power of attorney is governed by the content of Chapter 190B of the Massachusetts General Laws.
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What's Covered in a Massachusetts Power of Attorney?
The following are covered by a Massachusetts power of attorney:
- Conservatorship
- Executorship of POA
- Revocation
- Durability of poa
Types of Power of Attorney in Massachusetts
- Durable power of attorney: This power grants a person (agent) the rights to represent another (principal) on particular matters beyond when the principal becomes incapacitated.
- General power of attorney: With this legal document, individuals can appoint a family relative or friend to handle their legal and financial issues up until they become incapacitated and no longer have a sound sense of judgement.
- Health care proxy: It is the legal permission granted to a principal to choose someone to represent his/her medical interests when the principal can no longer make medical decisions on his/her own.
- Guardian of minor power of attorney: Using this legal instrument, one can choose someone to act as a temporary guardian for his/her child on a temporary basis, making educational and medical decisions on his/her behalf.
- Real estate power of attorney: Principals can appoint someone to handle all their real estate properties and network on their behalf.
Why Would You Use a Massachusetts Power of Attorney Form?
An individual should consider drafting a power of attorney form MA if they:
- travel out of the country often
- need someone to temporarily assume guardian duties for their minor child when they are away for a while
- need a particular person to handle some of their affairs
- are approaching old age and can no longer manage their affairs anymore
- are at high-risk of been diagnosed with a mental illness later in life
- work in a high-risk environment
- have business and real estate properties that need to be maintained if they become incapacitated
- have medical preferences that need to be followed should they become incapacitated at one time or the other
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With our highly-customizable and well-designed PoA form Massachusetts template, you can quickly transfer PoA rights to anyone you want in a few simple steps.
Download power of attorney form Massachusetts template from below.
What Are The Power of Attorney Requirements in Massachusetts?
For a power of attorney Massachusetts to be considered effective, the following requirements must be fulfilled:
- Both principal and agent(s) must have attained the legal age of 18 years
- Both parties must sign the documents in the presence of two or more witnesses who should also be age 18 or more
- The Massachusetts power of attorney form is not considered durable unless it contains a clause like “this power of attorney will survive beyond the disability or incapacity of the principal.” This clause needs not be exact but should reflect the same meaning
- A principal may choose to revoke a Massachusetts power of attorney anytime fit.
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DOCUMENT PREVIEW
________ BANKING - To receive and deposit funds in any financial institution, and to withdraw funds by check or otherwise to pay for goods, services, and any other personal and business expenses for my benefit. If necessary to effect my attorney-in-fact’s powers, my attorney-in-fact is authorized to execute any document required to be signed by such banking institution.
________ SAFE DEPOSIT BOX - To have access at any time or times to any safe-deposit box rented by me or to which I may have access, wheresoever located, including drilling, if necessary, and to remove all or any part of the contents thereof, and to surrender or relinquish said safe-deposit box; and any institution in which any such safe-deposit box may be located shall not incur any liability to me or my estate as a result of permitting my attorney-in-fact to exercise this power.
________ LENDING OR BORROWING - To make loans in my name; to borrow money in my name, individually or jointly with others; to give promissory notes or other obligations therefor; and to deposit or mortgage as collateral or for security for the payment thereof any or all of my securities, real estate, personal property, or other property of whatever nature and wherever situated, held by me personally or in trust for my benefit.
________ GOVERNMENT BENEFITS - To apply for and receive any government benefits for which I may be eligible or become eligible, including but not limited to, Social Security, Medicare and Medicaid.
________ RETIREMENT PLAN - To contribute to, select payment option of, roll-over, and receive benefits of any retirement plan or IRA I may own, except my attorney-in-fact shall not have power to change the beneficiary of any of my retirement plans or IRAs.
________ TAXES - To complete and sign any local, state and federal tax returns on my behalf, pay any taxes and assessments due and receive credits and refunds owed to me and to sign any tax agency documents necessary to effectuate these powers.
________ INSURANCE - To purchase, pay premiums and make claims on life, health, automobile and homeowners' insurance on my behalf, except my attorney-in-fact shall not have the power to cash in or change the beneficiary of any life insurance policy.
________ REAL ESTATE - To acquire, purchase, exchange, lease, grant options to sell, and sell and convey real property, or any interests therein, on such terms and conditions, including credit arrangements, as my attorney-in-fact shall deem proper; to execute, acknowledge and deliver, under seal or otherwise, any and all assignments, transfers, deeds, papers, documents or instruments which my attorney-in-fact shall deem necessary in connection therewith.
________ PERSONAL PROPERTY - To acquire, purchase, exchange, lease, grant options to sell, and sell and convey personal property, or any interests therein, on such terms and conditions, including credit arrangements, as my attorney-in-fact shall deem proper; to execute, acknowledge and deliver, under seal or otherwise, any and all assignments, transfers, titles, papers, documents or instruments which my attorney-in-fact shall deem necessary in connection therewith; to purchase, sell or otherwise dispose of, assign, transfer and convey shares of stock, bonds, securities and other personal property now or hereafter belonging to me, whether standing in my name or otherwise, and wherever situated.
________ POWER TO MANAGE PROPERTY- To maintain, repair, improve, invest, manage, insure, rent, lease, encumber, and in any manner deal with any real or personal property, tangible or intangible, or any interests therein, that I now own or may hereafter acquire, in my name and for my benefit, upon such terms and conditions as my attorney-in-fact shall deem proper.
________ GIFTS - To make gifts, grants, or other transfers (including the forgiveness of indebtedness and the completion of any charitable pledges I may have made) without consideration, either outright or in trust to such person(s) (including my attorney-in-fact hereunder) or organizations as my attorney-in-fact shall select, including, without limitation, the following actions: (a) transfer by gift in advancement of a bequest or devise to beneficiaries under my will or in the absence of a will to my spouse and descendants in whatever degree; and (b) release of any life interest, or waiver, renunciation, disclaimer, or declination of any gift to me by will, deed, or trust
________ LEGAL ADVICE AND PROCEEDINGS - To obtain and pay for legal advice, to initiate or defend legal and administrative proceedings on my behalf, including actions against third parties who refuse, without cause, to honor this instrument.
SPECIAL INSTRUCTIONS: On the following lines are any special instructions limiting or extending the powers I give to my attorney-in-fact (Write “None” if no additional instructions are given):
