Massachusetts Power of Attorney: How to Sign One So It Is Accepted

What makes a Massachusetts power of attorney valid?

A Massachusetts power of attorney is a signed document in which you, the principal, name someone you trust, your agent or attorney in fact, to handle financial and legal matters for you. To keep working if you later become incapacitated, it must say so: Massachusetts calls this a durable power of attorney. The statute does not require witnesses, and a notary is not required for basic validity, but in practice almost every bank, brokerage and title company expects the signature to be notarized, and a power of attorney used for real estate must be. Medical decisions are covered by a separate document, the health care proxy.

The durable language

Under M.G.L. c. 190B, § 5-501, a durable power of attorney contains words showing that the agent's authority continues despite the principal's later disability or incapacity. The statute gives two examples: "This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time," and "This power of attorney shall become effective upon the disability or incapacity of the principal." Without similar wording, a power of attorney ends when the principal becomes incapacitated, which is often exactly when the family needs it.

Notarization, witnesses and recording

Real estate. Massachusetts applies the law on acknowledging and recording deeds to powers of attorney used to convey real estate (M.G.L. c. 183, § 32). The Land Court has issued guidance on acknowledgments and powers of attorney for registered land. If your agent may ever need to sell, buy or refinance property, have the power of attorney acknowledged before a notary from the start.

Witnesses. The power of attorney statute does not require witnesses, but some forms include witness lines and some institutions prefer them. If yours does, bring witnesses who are not named in the document.

A form is only the starting point

Massachusetts has no official statutory power of attorney form, so documents vary widely. An attorney can tailor yours to your property, accounts and family, and some banks ask you to complete their own form as well. Boston Mobile Notary & Apostille Service does not draft powers of attorney or advise on their contents; we notarize the document you have prepared and make sure the notarial certificate is completed correctly.

How to sign your power of attorney

1. Finalize the document with your attorney, including your agent, any successor agent and the durable language.
2. Leave it unsigned until you are with the notary.
3. Bring a current photo ID. See notary ID requirements.
4. Sign before the notary, who completes a Massachusetts acknowledgment confirming that you signed voluntarily. If the form also asks your agent to sign, the agent signs before the notary too.
5. Sign your health care proxy at the same time, with two adult witnesses.
6. Distribute copies to your agent, your bank and anyone else who will rely on the document, and record it at the registry of deeds if it will be used for real estate.

Capacity and willingness

The principal must understand the document and sign it freely. A notary who has reason to believe the signer does not understand, or is being pressured, will not complete the notarization. If you are arranging a power of attorney for a parent, see how to get power of attorney for an elderly parent.

Revoking a power of attorney

A principal who has capacity can revoke a power of attorney at any time, usually in writing. Tell the agent and every institution that has a copy, and if the original was recorded at a registry of deeds, record the revocation there as well.

Using a power of attorney in a hospital, abroad or out of state

• Hospitals and rehabilitation centers. We meet signers at the bedside. See notarizing a power of attorney in the hospital.
• Another country. See using a U.S. power of attorney abroad and power of attorney apostille.
• India. See power of attorney for India from the USA.