![]() The Principal should still seek acknowledgment from either a notary public or two credible witnesses in order to attest their signature. Specific signing requirements for executing a durable power of attorney are not mentioned under Massachusetts law. ![]() “Power of attorney” is not specifically defined in the Massachusetts General Laws. Part II, Title II, Chapter 190B, Article 5 Definition of “Durable”Ī durable power of attorney is a power of attorney by which a principal designates another his attorney in fact in writing and the writing contains the words ”This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time,” or ”This power of attorney shall become effective upon the disability or incapacity of the principal,” or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal’s subsequent disability or incapacity, and, unless it states a time of termination, notwithstanding the lapse of time since the execution of the instrument ( Section 5-501). ![]() That means that if you get to the point where you are mentally incompetent and can no longer make your own decisions when determined by your doctor, your agent will still be able to make decisions on your behalf. This type of form can be useful during traumatic or even life-threatening medical events as it can be set to remain in effect even if you become incapacitated. A Massachusetts durable power of attorney can be used to designate someone to handle your financial affairs.
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