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Massachusetts Power of Attorney Form

Published Dec 15, 2025

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A Massachusetts Power of Attorney is a statutory instrument granting an agent the authority to manage financial or medical affairs on behalf of a principal.

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General Power of Attorney Limited/Special Power of Attorney Durable Power of Attorney Springing Power of Attorney Medical/Healthcare Power of Attorney

Select the type of authority you wish to grant. 'General' grants broad powers; 'Limited/Special' restricts authority to specific acts; 'Durable' remains in effect if the Principal becomes incapacitated; 'Springing' only becomes effective upon a specified event.

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MASSACHUSETTS POWER OF ATTORNEY FORM

I. APPOINTMENT OF AGENT

I, , with a mailing address of (hereinafter referred to as the "Principal"), hereby appoint , with a mailing address of (hereinafter referred to as the "Agent"), as my attorney-in-fact to act in my capacity to do any and all of the following acts as set forth in Section II below.

II. GRANT OF AUTHORITY

The Principal grants the Agent the powers set forth below. The Principal indicates which powers are granted by checking the appropriate box. If a box is not checked, that specific power is not granted.

Real Property Transactions - To buy, sell, lease, rent, exchange, and manage real estate; to sign deeds, mortgages, and leases; and to handle all matters related to real property pursuant to Massachusetts General Laws (M.G.L.) Chapter 183.

Banking and Financial Transactions - To open, close, and manage bank accounts; to sign checks, drafts, and withdrawal slips; to access safe deposit boxes; and to conduct all banking business.

Stock and Bond Transactions - To buy, sell, exchange, and manage stocks, bonds, mutual funds, and other securities.

Personal Property Transactions - To buy, sell, lease, exchange, and manage tangible personal property (e.g., vehicles, furniture, jewelry).

Business Operating Transactions - To manage, operate, buy, sell, or liquidate any business or commercial entity in which the Principal has an interest.

Insurance and Annuities - To purchase, maintain, surrender, collect, or cancel insurance policies and annuities.

Estates, Trusts, and Beneficiary Transactions - To act for the Principal in all matters that affect a trust, probate estate, guardianship, conservatorship, escrow, or custody arrangement or other fund from which the Principal is, may become, or claims to be entitled to a share or payment.

Claims and Litigation - To institute, supervise, prosecute, defend, intervene in, abandon, compromise, arbitrate, settle, and dispose of any claim in favor of or against the Principal.

Personal and Family Maintenance - To perform all acts necessary to maintain the customary standard of living of the Principal and the Principal's spouse, children, and other individuals customarily or legally entitled to be supported by the Principal.

Government Benefits - To apply for and receive any government benefits or assistance, including Social Security, Medicare, Medicaid, or military benefits.

Retirement Plan Transactions - To manage retirement plans, IRAs, and 401(k)s, including making contributions, selecting payment options, and designating beneficiaries.

Tax Matters - To prepare, sign, and file federal, state, local, and foreign income, gift, payroll, property, Federal Insurance Contributions Act, and other tax returns; to represent the Principal before any taxing authority.

FULL AND GENERAL AUTHORITY - To exercise all of the powers listed above and any other power that may be exercised by an agent under the laws of the Commonwealth of Massachusetts.

III. DURABILITY PROVISION

Pursuant to M.G.L. c. 190B, § 5-501, this Power of Attorney is durable. This Power of Attorney shall not be affected by subsequent disability or incapacity of the Principal, or lapse of time.

IV. EFFECTIVE DATE

This Power of Attorney shall become effective: (Check one)

Immediately upon execution

Upon disability or incapacity

This document is effective immediately upon the execution of this document.

Upon the disability or incapacity of the Principal. Incapacity shall be determined by a written declaration from a licensed physician stating that the Principal is no longer able to manage their financial affairs.

V. SUCCESSOR AGENT

If the Agent named in Section I is unable or unwilling to serve, or resigns, I appoint , with a mailing address of , to serve as my Successor Agent with the same powers and authorities granted herein.

VI. NOMINATION OF GUARDIAN OR CONSERVATOR

If a protective proceeding for my person or estate is commenced, I hereby nominate the Agent named above to serve as my guardian or conservator, pursuant to M.G.L. c. 190B, § 5-503.

VII. SPECIAL INSTRUCTIONS

The Principal gives the following special instructions or limitations on the powers granted (if none, leave blank):

VIII. RELIANCE BY THIRD PARTIES

Any third party who receives a copy of this document may rely on it. Revocation of the Power of Attorney is not effective as to a third party until the third party has actual knowledge of the revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this Power of Attorney.

IX. GOVERNING LAW

This Power of Attorney shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.

X. SIGNATURE AND ACKNOWLEDGMENT

IN WITNESS WHEREOF, I have hereunto set my hand and seal on the date set forth below.

PRINCIPAL

Signature: _________________________

Print Name: _______________

Date:

Address: _______________

XI. WITNESSES

We, the undersigned witnesses, certify that the Principal signed this Power of Attorney in our presence, that the Principal appears to be of sound mind and under no duress or undue influence, and that we are not the Agent or Successor Agent named in this instrument.

WITNESS 1

Signature: _________________________

Print Name:

Date:

Address:

WITNESS 2

Signature: _________________________

Print Name:

Date:

Address:

Include Notary Public Section?

XII. NOTARY ACKNOWLEDGMENT

Commonwealth of Massachusetts
County of

On this , before me, the undersigned notary public, personally appeared _______________ (name of document signer), proved to me through satisfactory evidence of identification, which was , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose.

Notary Public Signature: _________________________

Print Name:

My Commission Expires:

(Seal)

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What is a Massachusetts Power of Attorney Form?

A Massachusetts Power of Attorney Form is a legal instrument that authorizes an individual, referred to as the principal, to designate another person to act as their agent or attorney-in-fact for financial, legal, or medical matters. This document establishes a fiduciary relationship where the appointed agent manages the principal's affairs according to the specific powers granted within the written agreement. Residents of the Commonwealth frequently utilize this tool for estate planning purposes, ensuring that trusted individuals can maintain business operations or manage personal assets if the principal becomes unavailable or incapacitated.

Types of Massachusetts Power of Attorney Form

General Power of Attorney - Grants the agent broad authority to handle financial and legal transactions on behalf of the principal, but this authority typically terminates if the principal becomes incapacitated.
Durable Power of Attorney - Includes specific language stating that the agent's authority remains in effect or becomes effective even if the principal becomes mentally incapacitated or disabled.
Limited (Special) Power of Attorney - Restricts the agent's authority to specific tasks, transactions, or time periods, such as selling a specific piece of real estate or handling banking while the principal is traveling.
Springing Power of Attorney - Remains inactive until a specific future event occurs, usually the determination of the principal's incapacity by a medical professional.
Health Care Proxy - Serves as the Massachusetts equivalent of a medical power of attorney, allowing an agent to make health care decisions only when the principal is unable to communicate their own wishes.
Parental Power of Attorney - Allows a parent to temporarily delegate parental rights and responsibilities regarding the care and custody of a minor child to another adult for a period not exceeding six months.

Massachusetts Legal Statutes and Regulations

The creation and enforcement of power of attorney documents in Massachusetts are governed by specific chapters of the General Laws. Pertinent statutes include:

M.G.L. Chapter 190B, Article V, Part 5 - Establishes the Uniform Probate Code provisions regarding powers of attorney, including the definition and effect of durability.
M.G.L. c. 190B, § 5-501 - Defines a durable power of attorney as a writing in which the principal designates another as their attorney-in-fact with language indicating the power survives disability.
M.G.L. c. 190B, § 5-502 - Clarifies that acts done by an attorney-in-fact during a period of disability or incapacity of the principal have the same effect as if the principal were competent.
M.G.L. Chapter 201D - Governs the execution and requirements for Health Care Proxies within the Commonwealth.
M.G.L. c. 183, § 32 - Requires that any power of attorney for the conveyance of real estate must be acknowledged and recorded in the registry of deeds.

Requirements for Validity in Massachusetts

To ensure a Massachusetts Power of Attorney Form is legally binding and accepted by third parties, specific execution standards must be met:

Mental Capacity - The principal must be of sound mind and capable of understanding the nature and consequences of the document at the time of signing.
Age Requirement - The principal must be at least 18 years of age.
Written Format - The authority must be granted in a written document.
Signature - The principal must sign the document voluntarily.
Notarization - While not strictly required for all simple powers under common law, notarization is mandatory for any power of attorney used to convey real estate and is standard practice for acceptance by financial institutions.
Witnesses - A Health Care Proxy requires two witnesses who are not the appointed agent, though financial powers of attorney generally rely on notarization.

Agent Rights and Fiduciary Duties

The individual appointed as the attorney-in-fact assumes a serious legal role known as a fiduciary. This designation imposes strict obligations regarding how they must manage the principal's affairs:

Duty of Loyalty - The agent must act solely in the best interest of the principal and avoid any conflicts of interest.
Record Keeping - The agent must maintain accurate and separate records of all transactions, receipts, and disbursements made on behalf of the principal.
Prohibition on Commingling - The agent must keep the principal's funds and assets separate from their own personal assets.
Competence - The agent is expected to act with the care, competence, and diligence that a prudent person would exercise in similar circumstances.
Adherence to Instructions - The agent must follow the specific instructions laid out in the power of attorney document and cannot exceed the authority granted.

Revocation of Power of Attorney

A principal retains the right to revoke a power of attorney at any time, provided they maintain the mental capacity to do so. The process for terminating this authority involves several steps:

Step 1: Create a Revocation Document - Draft and sign a formal revocation of power of attorney stating that the previous authority is terminated.
Step 2: Notify the Agent - Deliver the revocation document to the attorney-in-fact to ensure they know their authority has ceased.
Step 3: Alert Third Parties - Send copies of the revocation to all financial institutions, healthcare providers, and entities that relied on the original power of attorney.
Step 4: Record the Revocation - If the original power of attorney was recorded with the Registry of Deeds, the revocation must also be recorded there to clear the title record.

How to Complete a Massachusetts Power of Attorney Form

Drafting this document requires attention to detail to ensure it accurately reflects the principal's wishes. The process generally follows this structure:

Designation of Agent - Clearly identify the attorney-in-fact by full legal name and address.
Grant of Powers - Select the specific powers to be granted, often by initialing next to categories such as banking, real estate, or tax matters.
Durability Provision - Indicate whether the power of attorney shall remain effective upon the principal's incapacity.
Effective Date - Specify if the powers begin immediately upon signing or upon a specific future event.
Execution - Sign the document in the presence of a notary public to ensure broad acceptance and validity for real estate transactions.

FAQs

Recording is generally not required for the document to be valid between the principal and the agent. Recording with the Registry of Deeds is mandatory if the agent will be using the power of attorney to buy, sell, or mortgage real estate.

Massachusetts law generally prohibits an agent from making, amending, or revoking the principal's will. The power to create a will is personal to the testator and cannot be delegated through a standard power of attorney.

A Health Care Proxy specifically covers medical and health-related decisions and only activates when the principal cannot communicate. A standard Power of Attorney typically covers financial and legal matters and can be effective immediately or upon incapacity depending on its terms.

All authority granted under a power of attorney automatically terminates upon the death of the principal. Control of the estate then transfers to the executor or personal representative named in the will or appointed by the probate court.

Principals may appoint multiple agents to act either jointly or severally. Joint agents must agree on decisions and act together, while agents with several authority can act independently of one another.

Under Massachusetts law, if a spouse is named as the agent, the filing of an action for divorce or annulment automatically revokes their appointment. The power of attorney remains valid for any alternate agents named in the document.

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