A Complete Guide to Creating a Power of Attorney in Massachusetts
Do you want to grant someone permission to act on your behalf and make crucial decisions in your name? You should gather all the information you can about the power of attorney documents first. The Bay State, like all the other states, has guidelines that regulate all powers of attorney within its legislature.
We will provide the necessary details about a power of attorney in Massachusetts and, once you sign up for DoNotPay, we’ll generate it for you!
A power of attorney (POA) is a legally binding document that grants the power to an individual (or several individuals) to make decisions in your stead. The involved parties are the:
- Agent or attorney-in-fact
Creating a POA is important, especially if you have financial assets or business interests that need to be taken care of. You should write a power of attorney letter while you are of sound mind.
The State of Massachusetts doesn’t specify who can and cannot be an agent, but people usually appoint their:
- Close friends
- Business partners
In Massachusetts, a power of attorney is durable unless you specify otherwise in the letter. With a durable POA, the authorization you give to the agent continues if you become incapacitated or mentally incompetent and can no longer take care of your assets and affairs. If the POA is not durable, it stops being valid after you get incapacitated.
Other power of attorney types include:
A Massachusetts power of attorney document has to include:
- Contact information of all signing parties
- Date of execution
- Granted permissions
- Date of termination
- The principal’s signature
According to Massachusetts power of attorney laws, the person you appoint as the agent has to:
- Be a legal adult
- Have the capacity to understand the responsibility
A power of attorney doesn’t have to be notarized in Massachusetts, only signed in the presence of at least two adults.
If you use a durable purchase agreement when granting permission to your agent, you should be aware that those powers don’t cease to be valid after you become incapacitated. The agent continues to have authority over your assets and other businesses until you pass away.
A Massachusetts durable power of attorney has to be in written form and must contain the following words:
- “This power of attorney shall not be affected by subsequent disability or incapacity of the principal or lapse of time,” or
- “This power of attorney shall become effective upon the disability or incapacity of the principal”
We’re going to explore several options for getting a power of attorney in Massachusetts:
- Hiring a lawyer
- Downloading a template
- Writing the POA letter on your own
- Signing up for DoNotPay
The safest option for drafting any type of legal document is hiring a lawyer. Besides having general legal knowledge and experience, they are familiar with state laws and rules. All of that comes at a price—if you want to hire a lawyer to create a power of attorney, be prepared to pay a lot of money for it.
A simple, three-second Google search can present you with countless power of attorney templates that you can download, fill out, print, and sign. They are usually free but far from reliable. Since you’re disclosing your health-related information, finances, and other affairs, you need a personalized document because a template doesn’t include the specifics.
With enough information about Massachusetts rules regarding the POAs, you can try creating one on your own. In the following table, you can find the steps you’ll need to take:
|Identify the signing parties||Insert contact information to identify the principal and agent(s):
|Define which powers you’re granting||Some POA forms include the state-approved powers, so you only have to check which of them you’re granting. If you want to give special permissions, you should state them separately and specifically|
|Provide additional information||Besides contact information, you have to include the following:
|Certify the signature on your power of attorney||You can go to a notary public and sign your POA before them, even if it’s not required. In case you don’t want to do that, you can sign the document before two adult witnesses|
While all of the options for making a power of attorney bring something to the table, none of them provides all you need to create a rock-solid Massachusetts POA document.
Fortunately, we still have another option to explore!
With our Power of Attorney feature, you can get your hands on a customized durable POA within minutes from registering. Besides being budget-friendly, our product is easy to use—all you have to do is follow these steps:
- Open DoNotPay
- Locate the Power of Attorney tool
- Go through our chatbot’s questionnaire
You will receive a durable power of attorney and two notices you and your attorney-in-fact should read before signing the document.
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