Massachusetts Power of Attorney
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Massachusetts Legal Requirements
Key MA statutes and obligations that apply to your power of attorney.
Requirements
- Governed by MGL c.190B Article V (Massachusetts Uniform Probate Code, adopted 2012)
- Principal must be 18+ and have legal capacity
- Must be signed by the principal or by a directed signer at principal's direction
- Notarization strongly recommended — required for real estate and financial institution acceptance
- Durable POA language must expressly state it survives incapacity
- Healthcare decisions require a separate Massachusetts Health Care Proxy (MGL c.201D)
Restrictions & Limits
- Agent may not make or revoke principal's will, make gifts to themselves beyond personal needs, or change trust beneficiaries without express authority
- Massachusetts Probate and Family Court can review and terminate an agent's authority if abuse is suspected
- A POA signed under undue influence or when principal lacked capacity is voidable
Official Statute References
Primary Massachusetts statutes governing this document type.
Massachusetts Power of Attorney FAQ
Common questions about power of attorneys under Massachusetts law.
What formalities are required for a Massachusetts power of attorney?
Under MGL c.190B § 5-501, a Massachusetts POA must be signed by the principal (or directed signer) in the presence of two witnesses who also sign. Notarization is highly recommended and required for real estate transactions and financial institution acceptance.
What makes a Massachusetts POA durable?
Under MGL c.190B § 5-501, a POA is durable if it expressly states it is not affected by the principal's subsequent incapacity or disability. A common phrase: 'This power of attorney shall not be affected by disability, incapacity, or uncertainty as to whether the principal is dead or alive.' Without such language, the POA terminates on incapacity.
Can a Massachusetts POA be used for healthcare decisions?
No. A standard financial POA does not cover healthcare in Massachusetts. A separate Health Care Proxy (MGL c.201D) is required to authorize another person to make healthcare decisions. A Massachusetts Medical Orders for Life-Sustaining Treatment (MOLST) form can also address end-of-life care.
How do I revoke a Massachusetts power of attorney?
Revoke a Massachusetts POA by signing a written revocation and notifying the agent and all third parties relying on it. Record the revocation with the Registry of Deeds if the original was used for real estate. File the revocation with the Probate and Family Court if the agent has been abusing authority.
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Power of Attorney by State
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Disclaimer: LegalLawDocs.com provides self-help legal documents for informational purposes only. The documents and information on this site do not constitute legal advice and are not a substitute for consultation with a licensed attorney. Laws vary by state and change frequently — review your document with a qualified professional before relying on it.