Free Fillable Massachusetts Durable Power of Attorney Form

A juridical document aimed at assigning a reliable individual to handle another individual’s financial affairs if they become unavailable or incapable of doing so themselves is called a durable power of attorney. For instance, Massachusetts State residents can utilize a Massachusetts durable power of attorney form if they lose their physical and mental competence to take essential decisions concerning their money, wealth, and other material assets. It is imperative to choose a dependable person for your attorney-in-fact’s role, as they will have access to your banking accounts, property ownership documents, and even more.

For the most part, Massachusetts citizens opt for their marital partners or immediate relatives to act on their behalf in the event of their disablement or absence. The term “durable” means that the selected agent retains their right to deal with your money-involving matters irrespective of your health condition. However, a durable proxy ceases to exist if its creator dies.

Just like any other type of power of attorney, this one can be canceled with the help of a unique proxy revocation form.

Massachusetts power of attorney templates – this section can help you read additional information on other powers of attorney used in Massachusetts.

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Massachusetts Requirements

In compliance with the Massachusetts Uniform Probate Code (Ch. 190B), any state resident can complete a blank power of attorney form if they are of the age of majority (or older) and in their right mind. Although Massachusetts statutes do not provide any mandatory written conditions for signing the proxy, it must be notarized to confirm it is witnessed as lawful by a third person (people). In contrast to the last will, a durable proxy can only become legally binding if the grantor is still alive, while the last will can only be executed after the demise of its creator.

Filling Out the Massachusetts Durable POA

You are in dire need of a durable POA in Massachusetts, but you don’t even know where to start? Simplify the process of completing this vital documentation by downloading our superb-quality, free sample of a durable power of attorney form. The latter is available in all popular formats supported by Microsoft Word, OpenDocument, and any PDF reader.

Providing Grantor’s and Agent’s Information

The initial statement in the presented durable proxy defines the private attorney’s primary duty as an entity authorized to use the grantor’s powers concerning their financial affairs.

Upon getting acquainted with the statement mentioned above, the principal will have to indicate their full legal name along with the title (e.g., Dr.), if needed. After that, it is required to specify the declarant’s full address and state in which they live. Provision of the telephone number and e-mail address of the grantor is optional.

A bit below, there is space to provide the personal and contact information of the chosen agent. That is their full name and residential address. It is also allowed to specify the phone number and e-mail of the allocated private attorney.

Usually, the date when such an agreement takes effect coincides with the date when the contract is created. However, it would be best if the owner of a Massachusetts durable power of attorney form determines the effective date and durability of the powers given to their attorney-in-fact. Thus, the creator of a proxy can assign the agent right after being diagnosed with severe illness by their attending physician.

Defining the Rights Delegated to the Private Attorney

As you already know, a durable POA endows the private attorney with the opportunity to manage the material assets of the declarant, as well as their personal savings. Thus, the allocated attorney-in-fact can take control over the next money-involving aspects of your life:

Banking matters (accounts, cards, etc.)
Safety deposit box
Lending and borrowing money
Social welfare benefits
Retirement plans
Taxes
Insurance
Property
Legal consultations and litigations
Gifts and charity, etc.

Below these sections, the declarant can write any special instructions, additional directions, or limitations of the assigned agent’s authority.

Durable POA Verification Requirements

This section is designed for the principal to put their signature on this legal paper, confirming this proxy’s authenticity. Simultaneously, the creator of a durable POA in Massachusetts must accompany their signature with the current date (meaning, the date of the document signing).

Besides the grantor, a power of attorney form needs to be verified by the private attorney and two witnesses. All of them are required to indicate their full names and provide signatures next to them. The field below can only be completed by the notary public, which will validate this proxy. The notary’s name, signature, and seal must be put on this document.

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