Massachusetts Durable Power of Attorney Form

The enduring status of a Massachusetts Durable Power of Attorney in circumstances where the Principal becomes incapacitated is one of the defining features of this legal document. By virtue of its “durable” nature, an Agent elected by an individual (called the Principal) is required to continue handling the Principal’s affairs, as per usual, if the Principal becomes incapacitated. This contrasts to a General Power of Attorney, which demands that an Agent relinquish his or her powers in such circumstances.

State Laws & Signing Requirements

State Laws – Massachusetts Uniform Probate Code

Signing Requirements – Although there are no state mandated signing requirements for a Durable Power of Attorney, it is generally recommended that the Principal signs the document in the presence of a licensed Notary Public, and, if possible, two (2) witnesses as well.