Free Massachusetts Durable Power of Attorney Forms
A durable power of attorney (POA) is a legal document that allows a person, referred to as the principal, to appoint an agent, also known as the attorney-in-fact, to make decisions on the principal’s behalf. What sets this type of POA apart from other POAs is it remains effective even when the principal becomes incapacitated.
Massachusetts Durable Power of Attorney Laws
There are no statutory regulations on durable POAs in Massachusetts. However, the state has related regulations under the Massachusetts Legislature, specifically on healthcare proxies, that can be used for durable POAs. The following are just some of its provisions:
- Chapter 201D § 2 - This section states that every adult has the right to appoint a healthcare agent or a healthcare proxy. However, to ensure that a principal’s medical and other health-related affairs remain unaffected in case of incapacity, a durable POA is necessary.
- Chapter 201D § 5 - This section outlines the levels of authority that can be bestowed on an agent by the principal.
Signing Requirements in Massachusetts
Every state has different signing requirements to legitimize a durable POA. For example, some states require the agent and principal to sign the POA in front of two witnesses or the notary public. In Massachusetts, there are no statutory requirements for the signing of a POA.
How To Write a Durable POA in Massachusetts
A durable POA allows an agent to manage a principal’s financial or healthcare affairs. Even when the principal becomes medically incompetent, the authority granted by the durable POA continues. Here are steps for creating a durable POA in Massachusetts:
1. Choose a Person You Trust as an Agent
An agent acts as your representative in major legally binding transactions, so it is an important role that requires careful consideration. This person will be responsible for handling your finances, properties, investments, and more. The authority from a durable POA will continue even if you become incapacitated.
In terms of healthcare, a durable medical POA grants an agent permission to choose medications and surgical procedures for you should you be unable to decide for yourself. The agent also decides where you will reside and will handle your end-of-life arrangements.
You can limit the extent of an agent’s authority, but it’s always best to choose an agent whom you trust will carry out your wishes for as long as the POA is in effect.
The spouse is the most popular choice for an agent. However, you can also choose a friend or relative.
2. Brief Your Agent on Their Responsibilities
After choosing an agent, talk to them about your wishes and their responsibilities when the POA comes into effect.
Agents usually receive compensation, so this is another aspect you need to decide on and discuss with them.
3. Find a Printable Durable Power of Attorney Form
Download a durable POA in Massachusetts template for utmost convenience. The online form must be in accordance with state standards to be considered legal. Personalize the document by listing down the responsibilities of the agent. These responsibilities will continue even when you become incapacitated since this is the definition of a durable POA.
4. Sign the Document
The principal and agent must sign the durable POA. There are no statutory requirements in Massachusetts for signing which means you don’t need witnesses or a notary public to validate the document.
5. Use the Massachusetts Durable Power of Attorney Form
Now that the document has been signed, it can already be used. The agent will present it to companies and people in authority whenever they act on your behalf.