A Massachusetts durable power of attorney nominates an agent to manage another person’s financial affairs. The principal (person who created the document) can choose whether the document comes into effect immediately after they sign it or in the event of their incapacitation. In either case, the authority granted is not affected by the principal losing decisional capacity.
A Massachusetts durable power of attorney nominates an agent to manage another person’s financial affairs. The principal (person who created the document) can choose whether the document comes into effect immediately after they sign it or in the event of their incapacitation. In either case, the authority granted is not affected by the principal losing decisional capacity.
A Massachusetts durable power of attorney nominates an agent to manage another person’s financial affairs. The principal (person who created the document) can choose whether the document comes into effect immediately after they sign it or in the event of their incapacitation. In either case, the authority granted is not affected by the principal losing decisional capacity.
State statutes do not mention signing requirements for durable powers of attorney, but Massachusetts courts consider a power of attorney valid if it has been notarized.
A durable power of attorney is a power of attorney by which a principal designates another his attorney in fact in writing…showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal’s subsequent disability or incapacity…[1]
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