Power of Attorney in Massachusetts
What a Massachusetts power of attorney needs to be valid — signing, witnesses, notary — and the official forms, plus health care directives.
Short answer: A power of attorney is durable only if the written document states that it is not affected by the principal's later disability or incapacity, or that it takes effect upon disability or incapacity, or uses similar words. M.G.L. c. 190B, §§ 5-501, 5-502
| Financial power of attorney | A power of attorney is durable only if the written document states that it is not affected by the principal's later disability or incapacity, or that it takes effect upon disability or incapacity, or uses similar words. Acts of the agent under a durable power during the principal's incapacity bind the principal. The statute does not provide a statutory power of attorney form. Signing formalities are not set in these sections. Effect: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/Section5-502 Source: M.G.L. c. 190B, §§ 5-501, 5-502 |
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| Health care directive | Any competent adult may appoint a health care agent by signing a health care proxy in writing, in the presence of 2 adult witnesses who sign and affirm that the principal appeared to be at least 18, of sound mind, and under no constraint or undue influence. The person named as agent cannot be a witness. An alternate agent may be named. Massachusetts law provides for the health care proxy; there is no separate living will statute in the sections reviewed. Source: M.G.L. c. 201D, § 2 |
Official forms
More Massachusetts estate law
- Medical Power of Attorney in Massachusetts
- Small Estate Affidavit in Massachusetts
- Quitclaim Deeds and Transferring Property in Massachusetts
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- How to Make a Valid Will in Massachusetts
- How Probate Works in Massachusetts
- Living Wills and Advance Directives in Massachusetts
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- All Massachusetts wills, probate and estate rules
FAQ
What are the requirements for a power of attorney in Massachusetts?
A power of attorney is durable only if the written document states that it is not affected by the principal's later disability or incapacity, or that it takes effect upon disability or incapacity, or uses similar words. Acts of the agent under a durable power during the principal's incapacity bind the principal. The statute does not provide a statutory power of attorney form.
What are the requirements for a health care directive in Massachusetts?
Any competent adult may appoint a health care agent by signing a health care proxy in writing, in the presence of 2 adult witnesses who sign and affirm that the principal appeared to be at least 18, of sound mind, and under no constraint or undue influence. The person named as agent cannot be a witness. An alternate agent may be named. Massachusetts law provides for the health care proxy; there is no separate living will statute in the sections reviewed.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.