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.

What is 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.

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

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.

If you need help drafting a power of attorney Massachusetts, you can download free, downloadable fillable power of attorney forms ma from CocoSign platform to get started.

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