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The Massachusetts Durable Power of Attorney form is an essential legal document that allows individuals to appoint someone they trust to make financial and legal decisions on their behalf. This form becomes particularly important in situations where a person may become incapacitated and unable to manage their affairs. By designating an agent, or attorney-in-fact, the principal ensures that their financial matters, such as paying bills, managing investments, and handling real estate transactions, can be addressed without delay. It is crucial for the document to be executed properly, as it must meet specific state requirements to be considered valid. Additionally, the durable aspect of this power of attorney means that the authority granted remains in effect even if the principal becomes incapacitated. Understanding the implications of this form is vital for anyone looking to safeguard their interests and ensure their wishes are honored during challenging times.

Massachusetts Durable Power of Attorney Example

Massachusetts Durable Power of Attorney

This Massachusetts Durable Power of Attorney (the "Document") is designed to grant powers to an appointed individual, known as the Agent, to make decisions and act on behalf of the Principal (the person creating the Document). It remains in effect even if the Principal becomes incapacitated. This Document is governed by the laws of the Commonwealth of Massachusetts.

Principal Information:

  • Name: ________________________________________
  • Address: ______________________________________
  • Phone Number: ________________________________
  • Email Address: _______________________________

Agent Information:

  • Name: ________________________________________
  • Address: ______________________________________
  • Phone Number: ________________________________
  • Email Address: _______________________________

Alternate Agent Information (Optional):

If the initial Agent is unable or unwilling to serve, an Alternate Agent can act in their place.

  • Name: ________________________________________
  • Address: ______________________________________
  • Phone Number: ________________________________
  • Email Address: _______________________________

Powers Granted:

This Document authorizes the Agent to act on the Principal's behalf in the following matters:

  1. Banking Transactions
  2. Real Estate Transactions
  3. Investment Decisions
  4. Legal Claims and Litigation
  5. Personal and Family Maintenance
  6. Tax Matters
  7. Government Benefits
  8. Retirement Plan Transactions

Special Instructions:

Here, the Principal may include any specific limitations or special instructions they wish to apply to the Agent's powers:

Under the laws of the Commonwealth of Massachusetts, this Durable Power of Attorney must be signed in the presence of two witnesses, who are not the Agent or Alternate Agent, and notarized to be considered valid.

Signature of Principal: _______________________________ Date: _______________

Witness 1 Signature: _______________________________ Date: _______________

Printed Name: _______________________________________

Witness 2 Signature: _______________________________ Date: _______________

Printed Name: _______________________________________

Agent's Signature: _________________________________ Date: _______________

Printed Name: ______________________________________

Alternate Agent's Signature (If applicable): ______________________ Date: _______________

Printed Name: ___________________________________________

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

File Overview

Fact Name Details
Definition A Massachusetts Durable Power of Attorney allows an individual to appoint someone to manage their financial affairs if they become incapacitated.
Governing Law The form is governed by Massachusetts General Laws, Chapter 201B.
Durability This document remains effective even if the principal becomes incapacitated.
Agent Authority The appointed agent can perform a wide range of financial tasks, including managing bank accounts and real estate transactions.
Revocation The principal can revoke the Durable Power of Attorney at any time while they are still competent.
Witness Requirements The form must be signed in the presence of two witnesses or a notary public to be valid.
Limitations Certain actions, like making healthcare decisions, require a separate document, such as a Health Care Proxy.
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