How do I create a power of attorney in Massachusetts?
Massachusetts has a relatively bare-bones POA statute, with much filled in by common law and bank practice.
1. Governing Law
M.G.L. c. 190B, §§ 5-501 to 5-507 (Massachusetts Uniform Probate Code, durable POA provisions, effective 2012). Not a UPOAA state.
2. Types
3. Statutory Form
Massachusetts does NOT provide a statutory short form for property POAs. M.G.L. c. 201D, § 2 provides a model Healthcare Proxy form. Property POA drafters must enumerate authorities.
4. Execution Formalities
Under M.G.L. c. 190B, § 5-501, a POA must simply be in writing and signed by the principal (or by another in the principal's presence at the principal's direction). Notarization and witnesses are NOT statutorily required, but virtually all financial institutions require notarization and most demand two witnesses. Healthcare Proxy under c. 201D, § 2 requires two adult witnesses (not the named agent).
5. Durability
A POA is durable if it contains the words "This power of attorney shall not be affected by subsequent disability or incapacity of the principal" or similar (M.G.L. c. 190B, § 5-501). NOT automatically durable.
6. Acceptance by Third Parties
M.G.L. c. 190B, § 5-504 protects third parties acting in good-faith reliance. No UPOAA-style mandatory acceptance — banks may insist on their own POA forms. Wrongful refusal may give rise to common-law claims.
7. Revocation
Principal may revoke in writing. Notice to agent and third parties required. Record in the Registry of Deeds if real-estate POA. Death, divorce of spouse-agent (per common law), or court-appointed conservator terminates.
8. Special Authorities
Express grant required for gifting, beneficiary changes, trust creation/amendment, retirement-account elections, and changes to survivorship rights. Massachusetts courts construe POAs narrowly.
This is legal information, not legal advice.
- Bank insists on its own POA form instead of accepting client's POA
- MassHealth (Medicaid) planning requires gifting authority
- Suspected agent self-dealing in Probate & Family Court
- M.G.L. c. 190B, § 5-501
- M.G.L. c. 190B, § 5-502
- M.G.L. c. 190B, § 5-503
- M.G.L. c. 190B, § 5-504
- M.G.L. c. 201D, §§ 1-17
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.